Applicant awarded income replacement benefits but denied catastrophic impairment status and other claimed accident benefits.
The Applicant was injured in a motor vehicle accident and sought accident benefits from the Insurer, including a declaration of catastrophic impairment, income replacement benefits (IRBs), attendant care benefits, and medical benefits.
The arbitrator found that the Applicant suffered a mental disorder but did not sustain a catastrophic impairment, as he did not have a marked impairment in any of the four domains of functioning.
However, the arbitrator concluded that the Applicant suffered a substantial inability to perform the essential tasks of his pre-accident employment and a complete inability to engage in any employment for which he was reasonably suited, entitling him to IRBs.
The claims for attendant care benefits, medical benefits, and a special award were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 12, 2018
