Applicant sustained a catastrophic impairment due to marked mental and behavioural disorders following a motor vehicle accident.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, claiming he sustained a catastrophic impairment due to mental and behavioural disorders.
The insurer denied the claim, relying on an assessment that found only mild impairments.
The arbitrator found the insurer's assessment flawed for failing to follow the AMA Guides and ignoring relevant medical documentation.
Relying on the applicant's experts and treating practitioners, the arbitrator concluded the applicant suffered marked impairments in activities of daily living, social functioning, and adaptation, qualifying as a catastrophic impairment.
The arbitrator also awarded attendant care benefits of $2,460.69 per month and interest on overdue payments.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 23, 2010
