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Arbitrator awards weekly income benefits and a special award for unreasonably withheld transportation expenses.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, including weekly income benefits and transportation expenses.
The insurer denied the claims, arguing the applicant was not substantially disabled from his work as a commercial cleaner and alleging a material misrepresentation or change in risk regarding the insured vehicle.
The arbitrator found the applicant was substantially unable to perform his essential tasks for nine weeks and awarded minimum weekly income benefits due to insufficient financial evidence.
The arbitrator also awarded transportation expenses for chiropractic treatments and a 40% special award against the insurer for unreasonably withholding those expenses.
The insurer failed to prove a material misrepresentation or intentional failure to notify of a change in risk that would exclude the applicant from receiving benefits.
