Applicant found catastrophically impaired due to traumatic brain injury; insurer's drug overdose theory rejected.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including a determination of catastrophic impairment, income replacement benefits, and attendant care benefits.
The insurer argued the applicant's low Glasgow Coma Scale score was due to a pre-accident drug overdose and high blood sugar, not a brain injury from the accident.
The arbitrator rejected the insurer's theory, finding the applicant sustained a catastrophic impairment due to a traumatic brain injury.
The arbitrator also awarded ongoing income replacement benefits and attendant care benefits, but declined to order a special award against the insurer.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 18, 2017
