Insurer ordered to pay ongoing income replacement benefits for severe psychiatric condition triggered by accidents.
The applicant was injured in two motor vehicle accidents in November 1997 and received statutory accident benefits until the insurer terminated his income replacement benefits in September 1998.
The applicant sought arbitration, claiming ongoing disability due to a severe psychiatric condition, including post-traumatic stress disorder and depression with psychotic features.
The insurer argued the condition was pre-existing and not caused by the accidents.
The arbitrator found that while the applicant had a pre-existing personality disorder, he had reached a functional equilibrium prior to the accidents.
The accidents materially contributed to the deterioration of his mental condition, rendering him completely unable to engage in any employment.
The arbitrator ordered the insurer to pay ongoing income replacement benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 2, 2000
