Applicant struck by bus door awarded caregiver and housekeeping benefits due to psychological response and exacerbated migraines.
The applicant sought statutory accident benefits after allegedly being struck by a school bus door.
The insurer denied she was involved in an accident and terminated benefits.
The arbitrator found that the applicant was indeed struck a glancing blow by the bus door, constituting an accident.
While the physical injuries were minor, the psychological response and exacerbation of pre-existing migraines resulted in a partial inability to carry on a normal life.
The arbitrator awarded caregiver benefits for a limited period, ongoing housekeeping expenses, physiotherapy, psychological counselling, and related travel expenses, but denied a special award and the cost of sunglasses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 1, 1998
