Applicant deemed catastrophically impaired due to accident-induced psychiatric regression; awarded attendant care and income replacement benefits.
The applicant was injured in a motor vehicle accident and subsequently developed a severe psychiatric disorder, regressing to a child-like state.
She applied for catastrophic impairment designation and various statutory accident benefits, which the insurer denied, arguing her condition was pre-existing and unrelated to the accident.
The arbitrator preferred the evidence of the applicant's treating physicians and experts, finding that the accident materially contributed to her regressed state and that she suffered a catastrophic impairment.
The applicant was awarded post-104 week attendant care, housekeeping, and income replacement benefits, along with interest and arbitration expenses.
The insurer's claim for repayment of a without prejudice advance was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 3, 2006
