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Applicant denied ongoing accident benefits and retraining; insurer denied repayment of overpaid benefits.
The Applicant was injured in a motor vehicle accident and received weekly income benefits based on a claimed pre-accident job offer.
The Insurer terminated benefits and sought repayment, alleging the job offer was fraudulent.
The Arbitrator found the Applicant failed to prove the existence of the job offer, reducing his weekly benefit entitlement, but dismissed the Insurer's claim for repayment as it failed to prove the overpayment resulted from the Applicant's error or fraud.
The Arbitrator also dismissed the Applicant's claims for ongoing weekly benefits and vocational retraining, finding he was no longer disabled from working in suitable employment, relying on surveillance evidence and his lack of credibility.
Motion for interim weekly income benefits dismissed as applicant failed to establish a prima facie case.
The applicant was injured in a motorcycle accident and received weekly income benefits for three years.
The insurer terminated benefits, and the applicant sought interim weekly income benefits pending arbitration.
The arbitrator applied the prima facie test for interim benefits.
Finding that the accident was relatively minor and that the applicant had considerable experience in the construction industry, the arbitrator concluded the applicant failed to establish a prima facie case that his injuries continuously prevented him from engaging in any occupation for which he was reasonably suited.
The motion for interim benefits was dismissed.
