Applicant awarded ongoing income replacement benefits after proving complete inability to work due to accident-related PTSD.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs).
The insurer denied ongoing IRBs, arguing that the applicant's impairments were due to pre-existing depression or a subsequent head injury caused by a falling Jacuzzi motor.
The arbitrator rejected the insurer's arguments, accepting expert evidence that the applicant suffered from post-traumatic stress disorder and a concussive injury directly resulting from the accident.
The arbitrator found the applicant completely unable to engage in any employment for which she was reasonably suited, entitling her to ongoing IRBs.
The claim for a special award was dismissed as the insurer had genuine issues to try.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 15, 2017
