Applicant awarded ongoing income replacement and medical benefits after establishing accident materially contributed to chronic pain and depression.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits from the insurer.
The insurer terminated income replacement and housekeeping benefits, arguing that the applicant's ongoing impairments were related to pre-existing conditions rather than the accident.
The arbitrator found that the accident materially contributed to the applicant's development of chronic pain syndrome and depression.
The arbitrator concluded that the applicant suffered a complete inability to engage in any employment for which he was reasonably suited and awarded ongoing income replacement benefits, housekeeping benefits, and various medical and rehabilitation benefits.
The claim for a special award was dismissed as the insurer's reliance on incorrectly completed disability certificates was not unreasonable.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 5, 2014
