Applicant deemed catastrophically impaired due to traumatic brain injury and awarded ongoing income replacement benefits.
The Applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The central issues were whether he sustained a catastrophic impairment based on a Glasgow Coma Scale (GCS) score of 9 or less, and whether he was entitled to post-104 week income replacement benefits (IRBs) and attendant care benefits.
The Insurer argued the low GCS score was caused by a pre-accident drug overdose and high blood sugar, not a brain injury.
The arbitrator rejected this theory, finding the Applicant suffered a traumatic brain injury resulting in a GCS score of 9, meeting the catastrophic impairment definition.
The arbitrator also found the Applicant suffered a complete inability to engage in suitable employment due to cognitive and physical deficits, awarding ongoing IRBs.
The Applicant was deemed eligible for attendant care benefits pending a new Form 1.
Claims for a special award were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 31, 2017
