Applicant awarded ongoing weekly income benefits after 104 weeks due to debilitating post-accident psychological symptoms.
The applicant was struck by a bus while walking to work and sustained a head injury resulting in chronic headaches, depression, anxiety, and cognitive difficulties.
The insurer terminated her weekly income benefits after 104 weeks, arguing she was not disabled from returning to reasonably suitable employment or that her disability was due to pre-existing conditions.
The arbitrator found the applicant credible and preferred the evidence of her treating medical practitioners over the insurer's assessors who only saw her once or twice.
The arbitrator concluded that the applicant's complex of psychological, emotional, and cognitive symptoms substantially disabled her from engaging in any employment for which she was reasonably suited.
The insurer was ordered to reinstate weekly income benefits with interest and pay the applicant's arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 22, 1996
