The insurer appealed an arbitrator's decision finding that the insured was entitled to ongoing income replacement benefits and that CPP child benefits were not deductible from those benefits.
The insured cross-appealed the arbitrator's finding that she was not catastrophically impaired, arguing the arbitrator erred in assessing her psychological whole person impairment at 28%.
The Director's Delegate dismissed both appeals.
The Delegate held that CPP child benefits are not 'disability pension benefits' under the Schedule and are therefore not deductible.
The Delegate also found that the arbitrator's factual findings on causation for the insured's disc herniations and conversion disorder were supported by evidence and reasonable.
Finally, the Delegate upheld the arbitrator's use of a hybrid approach to rate the insured's psychological impairment, finding it was a reasonable exercise of discretion that did not constitute an error of law.