Dr. Serge Shapiro

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, claiming he sustained a catastrophic impairment due to a mental disorder.

The insurer argued the mental disorder was genetically based and not caused by the accident.

The Arbitrator found that the accident caused the applicant's mental disorders, which resulted in a marked impairment of his ability to function, meeting the definition of catastrophic impairment.

The applicant was awarded attendant care benefits at a reduced rate, as he did not require round-the-clock care.

Claims for Botox injections and a special award were dismissed.

The insurer brought a motion to compel the applicant to attend a new psychiatric assessment for catastrophic impairment after the original assessor, Dr. Shapiro, passed away.

The arbitrator dismissed the motion, finding that the insurer failed to provide evidentiary support that a new examination was reasonably necessary under section 44(1) of the Schedule.

The arbitrator noted that Dr. Shapiro's report was already completed and admissible, and the applicant was prepared to waive his right to cross-examine the deceased author.

The applicant sought ongoing statutory accident benefits following a motor vehicle accident, claiming physical and psychological disabilities prevented him from working as a superintendent.

The arbitrator found that the applicant suffered from chronic fatigue and psychological issues prior to the accident, stemming from previous torture in Turkey, which had already impaired his job performance.

Medical opinions supporting the applicant's claim were rejected because the experts were unaware of his pre-accident condition.

The arbitrator concluded the accident did not significantly contribute to the applicant's disability, denying further weekly benefits and the insurer's claim for repayment, but awarded reimbursement for a medical report.