Applicant found catastrophically impaired from second accident; attendant care claims dismissed for failure to provide notice.
The applicant was involved in two motor vehicle accidents and sought statutory accident benefits.
The arbitrator found that the applicant suffered a catastrophic impairment as a result of the second accident, primarily due to psychiatric impairments including major depressive disorder, which resulted in a marked impairment in work adaptation.
The claims for attendant care and housekeeping benefits were dismissed as statute-barred because the applicant failed to provide timely notice and an assessment of attendant care needs prior to mediation.
Various medical and rehabilitation benefits were found to be reasonable and necessary and were awarded.
The claim for a special award was dismissed as the insurer acted reasonably in adjudicating the complex claims.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 20, 2017
