Applicant found catastrophically impaired due to marked mental/behavioural impairments and combined physical/mental impairments.
The applicant, a registered nurse, was struck by a school bus and claimed catastrophic impairment due to physical, cognitive, and psychological injuries.
The insurer disputed the catastrophic designation and denied ongoing attendant care and housekeeping benefits.
The arbitrator found the applicant sustained a catastrophic impairment under both the marked mental/behavioural impairment threshold and the 55% whole person impairment threshold, preferring the evidence of the applicant's experts who properly accounted for her severe depression and chronic pain.
The arbitrator awarded ongoing attendant care, housekeeping benefits, the cost of a cellphone, and a special award due to the insurer's unreasonable delay in reinstating income replacement benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 23, 2012
