Applicant found catastrophically impaired due to accident-induced mental disorder; partial attendant care benefits awarded.
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.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 27, 2015