Applicant awarded ongoing caregiver benefits beyond 104 weeks due to complete inability to carry on a normal life.
The applicant was injured in a motor vehicle accident and sought ongoing caregiver benefits beyond the 104-week mark, claiming a complete inability to carry on a normal life due to chronic pain and depression.
The arbitrator found that the applicant's severe chronic pain disorder and major depression continuously prevented her from engaging in substantially all of her pre-accident activities, including caring for her three special needs children.
The arbitrator awarded the maximum weekly caregiver benefit of $350.00, plus interest, but denied the applicant's claim for a special award, finding the insurer's termination of benefits was not unreasonable based on the medical reports available at the time.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 30, 2007