Dr. Anthony Hunt

The appellant, who suffered a serious brain injury in a motor vehicle accident, appealed an arbitrator's decision terminating his non-earner benefits as of August 31, 2002.

The arbitrator had found that by September 2002, the appellant had resumed quality participation in enough of his pre-accident activities, such as socializing and attending school, that he no longer suffered a complete inability to carry on a normal life.

The Director's Delegate dismissed the appeal, finding no error in the arbitrator's holistic assessment of the appellant's pre- and post-accident activities and potential.

The applicant, who was 17 years old and expelled from school at the time, suffered a serious brain injury in a motor vehicle accident.

He applied for a non-earner benefit, which the insurer disputed.

The arbitrator found that the applicant suffered a complete inability to carry on a normal life immediately following the accident, as his participation in activities was tempered by the effects of medication and his injuries.

However, by September 2002, the applicant had ceased taking the medication, resumed his pre-accident social life, and demonstrated independence, returning to a trajectory consistent with his pre-accident potential.

The arbitrator awarded the non-earner benefit for the period from September 18, 2001, to August 31, 2002, along with interest on overdue payments.