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Income replacement benefits reinstated; accident injuries and resulting chronic pain syndrome caused ongoing disability.
The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them, alleging his ongoing disability was due to a pre-existing congenital neck condition, degenerative changes, or self-limitation.
The arbitrator found that while the congenital condition was not caused by the accident, the accident injuries combined with the fear generated by the discovery of the condition led to a chronic pain syndrome.
The arbitrator rejected the insurer's video surveillance evidence as proof of ability to return to work and ordered the reinstatement of income replacement benefits.
