Insurer's appeal dismissed; arbitrator correctly applied material contribution test to 'thin skull' claimant.
The appellant insurer appealed an arbitrator's decision awarding the respondent income replacement and housekeeping benefits following a motor vehicle accident.
The insurer argued the arbitrator failed to apply the proper causation test and failed to provide adequate reasons, particularly regarding the respondent's pre-existing depression and medical history.
The Director's Delegate dismissed the appeal, finding the arbitrator correctly applied the material contribution test and properly treated the respondent as a 'thin skull' rather than a 'crumbling skull' case.
The Delegate held that the arbitrator's factual findings were supported by the evidence and her reasons were adequate.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 20, 2008
