Shelley Timms

The appellant was injured in a motor vehicle accident and claimed income replacement benefits (IRBs) and other expenses, arguing she was unable to continue her employment as a live-in housekeeper.

The arbitrator awarded IRBs for a brief period following the accident but concluded the appellant failed to prove ongoing disability, relying on surveillance evidence and testimony that she stopped working for reasons unrelated to the accident.

On appeal, the Director's Delegate upheld the arbitrator's decision, finding no error in the evaluation of medical evidence, the admission of hearsay, or the reliance on surveillance videotapes.

The appeal was dismissed, and the arbitrator's reduction of the appellant's expenses due to delay was affirmed.

The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, including income replacement and housekeeping expenses, arguing she could no longer work as a live-in housekeeper.

The arbitrator found that while the applicant sustained genuine injuries, including vertigo and cervicogenic pain, she exaggerated her limitations and was only disabled from working until her employer returned from Florida on February 21, 1996.

Income replacement benefits were awarded up to that date, along with a 50% special award because the insurer unreasonably withheld payment despite having uncontradicted medical evidence of disability for that initial period.

Claims for ongoing income replacement, housekeeping, and a case manager were dismissed.

The applicant was seriously injured in a motor vehicle accident and received statutory accident benefits for 156 weeks before the insurer terminated them.

She sought reinstatement of weekly income benefits and housekeeping expenses, as well as reimbursement for prescriptions.

The arbitrator found that the applicant suffered from chronic pain syndrome and depression, and that her honest belief in her disability rendered her incapable of returning to work, entitling her to ongoing weekly benefits.

However, the arbitrator found she was capable of performing more household tasks than she admitted and reduced her housekeeping benefits to five hours per week.

Prescription expenses were awarded in full.