Arbitrator awards accident benefits, finding applicant suffered a traumatic brain injury despite normal imaging and surveillance video.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including loss of earning capacity benefits, attendant care, and housekeeping.
The insurer terminated benefits based on a DAC report that relied on surveillance video to conclude the applicant was not disabled.
The arbitrator rejected the insurer's argument that the applicant was malingering, accepting expert evidence that she suffered a traumatic brain injury resulting in severe major depression.
The arbitrator found the applicant was substantially unable to perform the essential tasks of her employment and awarded the claimed benefits, along with interest and arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 20, 2004
