The applicant, a 69-year-old man, was struck by a streetcar while riding his bicycle.
He applied for statutory accident benefits, which the insurer denied on the basis that his impairments were caused by the natural progression of his pre-existing polyneuropathy rather than the accident.
The arbitrator found that the accident materially contributed to the applicant's physical and psychological impairments, including chronic pain, which rendered him completely unable to carry on a normal life.
The applicant was awarded non-earner benefits, medical benefits, attendant care, housekeeping, and the costs of various assessments.
Furthermore, the arbitrator ordered the insurer to pay a $10,000 special award under s. 282(10) of the Insurance Act for unreasonably withholding benefits in the face of overwhelming medical evidence supporting the applicant's claim.
