Dr. J. Friedlich

The applicant was injured in a motor vehicle accident and applied for a determination of catastrophic impairment.

The insurer's Designated Assessment Centre concluded she did not suffer a catastrophic impairment.

The arbitrator found that the applicant suffered a marked impairment in social functioning due to the accident, satisfying the definition of catastrophic impairment under section 2(1)(g) of the Schedule.

The arbitrator also assessed her physical impairments at 52% WPI, which combined with her psychological impairment would exceed the 55% threshold.

The applicant was awarded her expenses of the arbitration.

The applicant, a pedestrian struck by a vehicle, sought statutory accident benefits including income replacement, dental, and housekeeping benefits.

The arbitrator found the applicant was not entitled to ongoing income replacement benefits, as she was not substantially unable to perform the essential tasks of her pre-accident employment as a companion.

The arbitrator awarded the cost of an alternative dental treatment plan, finding the accident materially contributed to the need for it, despite pre-existing dental neglect.

The claim for housekeeping benefits was dismissed, as the applicant failed to prove a substantial inability to perform her pre-accident housekeeping duties.