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Claim for weekly income benefits dismissed as psychological incapacity was caused by substance abuse, not the accident.
The Applicant sought weekly income benefits following a motor vehicle accident, claiming it caused a disabling psychological injury (panic disorder).
The Insurer had reduced and then disputed his entitlement to benefits, arguing his anxiety was caused by severe alcohol and substance abuse rather than the minor accident.
The arbitrator found that the Applicant's ongoing incapacity was the result of his long-standing alcohol dependence and withdrawal, compounded by personal stressors, rather than the accident.
The arbitrator also determined that for the purpose of calculating pre-accident income, real estate commissions are earned on the date of closing, not the date of the agreement of purchase and sale.
The claim for ongoing benefits and a special award was dismissed.
