2 total
Accident benefits claim dismissed due to applicant's lack of credibility and significant undisclosed pre-existing conditions.
The applicant sought statutory accident benefits, including non-earner, attendant care, and housekeeping benefits, following a motor vehicle accident.
The insurer denied the claims, arguing the applicant's impairments pre-dated the accident and that she misrepresented her medical history.
The arbitrator dismissed the application, finding the applicant and her husband lacked credibility.
The evidence demonstrated the applicant had a significant pre-existing history of chronic pain and degenerative arthritis for which she was already receiving a disability pension, and she failed to disclose this history to post-accident assessors.
Arbitration application dismissed and expenses awarded after applicant abandoned claim and failed to attend hearing.
The applicant applied for statutory accident benefits following a motor vehicle accident.
After mediation failed, the applicant applied for arbitration.
The applicant subsequently lost contact with his counsel, failed to comply with production orders, and failed to attend the scheduled arbitration hearing.
The arbitrator granted the applicant's counsel's request to be removed from the record.
Finding that the applicant had abandoned his application, the arbitrator dismissed the application and ordered the applicant to pay the insurer's expenses fixed at $3,415.72.
