Dr. Kathleen Armitage

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement, housekeeping, and attendant care benefits.

The insurer terminated these benefits based on insurer examinations.

The arbitrator found that the applicant remained substantially unable to perform the essential tasks of his pre-accident employment, noting the insurer failed to properly adjust the file when advised the applicant had not returned to work.

The arbitrator awarded income replacement benefits, partial housekeeping and attendant care benefits, and a $5,000 special award against the insurer for unreasonably withholding benefits.

The applicant, who sustained a catastrophic impairment including a traumatic brain injury in a motor vehicle accident, sought various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule.

The insurer denied several treatment plans for physiotherapy, occupational therapy, speech-language therapy, and a multi-disciplinary residential program in the United States.

The arbitrator found that the insurer improperly relied on outdated or flawed assessor reports and failed to give adequate weight to the objective evidence of the applicant's treating professionals.

All disputed treatment plans were found to be reasonable and necessary, and the applicant was awarded the claimed benefits with interest.