The applicant was injured in a motor vehicle accident while riding his motorcycle and sought accident benefits from his insurer.
The central issue was whether the applicant suffered a catastrophic impairment under the Statutory Accident Benefits Schedule.
The arbitrator found that the applicant sustained a 55% whole person impairment, accepting the applicant's expert evidence regarding his physical, cognitive, and psychological impairments, including routine use of a cane, sleep disturbance, and medication side effects.
The arbitrator ordered the insurer to pay outstanding medical, transportation, and attendant care benefits, along with interest.
However, the applicant's claim for a special award was dismissed, as the insurer's reliance on its own assessors, while resulting in a denial of benefits, did not constitute unreasonable behaviour.