Applicant found catastrophically impaired, but attendant care and housekeeping benefits denied for lack of economic loss evidence.
The applicant sought statutory accident benefits following a 2010 motor vehicle accident, claiming catastrophic impairment, attendant care, housekeeping, and non-earner benefits.
The insurer argued the applicant's impairments were solely due to pre-existing rheumatoid arthritis.
The arbitrator found the accident was a material contributing factor to the applicant's catastrophic impairment, relying on expert medical and psychological evidence.
However, the claims for attendant care and housekeeping benefits were dismissed because the applicant failed to provide documentary evidence that her service providers suffered an economic loss.
The claim for non-earner benefits was also dismissed due to insufficient evidence comparing pre- and post-accident activities.
The applicant was awarded $3,100 for the cost of examinations.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 19, 2016