Applicant found catastrophically impaired due to marked psychological impairment and awarded ongoing accident benefits.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, claiming he suffered a catastrophic impairment due to psychological and chronic pain issues.
The insurer denied the benefits, relying on assessments that found only mild impairments and suggested symptom exaggeration.
The arbitrator preferred the evidence of the applicant's treating psychiatrist and found the applicant suffered a marked impairment in adaptation, qualifying as a catastrophic impairment.
The arbitrator awarded ongoing income replacement benefits, finding the applicant completely unable to engage in suitable employment, as well as attendant care, housekeeping benefits, and the cost of a chronic pain assessment.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 30, 2015
