Arbitrator awards non-income benefits up to 156 weeks for accident-induced bipolar disorder but denies ongoing benefits.
The applicant, a pedestrian, was struck by a car and sustained physical injuries and a traumatic brain injury.
He subsequently developed bipolar affective disorder.
The insurer terminated his weekly non-income benefits.
The arbitrator found that the applicant's psychiatric illness was caused by the accident and that he was substantially unable to perform his essential tasks for the period up to 156 weeks post-accident, entitling him to benefits under s. 13(1) of the Schedule.
However, the arbitrator concluded the applicant did not meet the stricter test under s. 13(8) for benefits beyond 156 weeks, as he was not continuously prevented from engaging in substantially all of his normal activities.
The claim for a special award was dismissed as the insurer's termination of benefits was not unreasonable.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 29, 1998
