The applicant was injured in three motor vehicle accidents in 1995 and sought ongoing income replacement, caregiver, and medical benefits.
The arbitrator found the applicant's evidence regarding his pre-accident income and ongoing disability to be highly exaggerated and unreliable.
However, the arbitrator concluded the applicant was physically disabled from working as a paralegal for a closed period until January 1996 and awarded income replacement benefits for that period.
A special award was also granted because the insurer unreasonably required the self-employed applicant to prove a negative (that he was not earning post-accident income) before paying benefits.
As the total awarded was less than a $15,000 settlement previously paid and rescinded, the awarded amounts were set off against the settlement, and the applicant was ordered to repay the balance to prevent an abuse of process.
