Pedestrian struck by bus awarded non-earner and medical benefits due to resulting physical and psychological impairments.
The applicant was injured as a pedestrian when struck by a transit bus, sustaining orthopaedic injuries and a mild traumatic brain injury.
She applied for non-earner benefits, medical benefits, and the cost of assessments, which the insurer denied.
The arbitrator found that the applicant's physical injuries, combined with resulting chronic pain, depression, and cognitive deficits, continuously prevented her from engaging in substantially all of her pre-accident activities.
The arbitrator awarded the non-earner benefits, the disputed medical benefits, and the costs of the neuropsychological assessments, but denied the applicant's request for a special award.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 9, 2018
