Insurer ordered to pay for vehicle modifications as accident materially contributed to applicant's multiple sclerosis decline.
The applicant, who suffered from pre-existing secondary progressive multiple sclerosis, was injured in a motor vehicle accident.
Following the accident, his mobility rapidly declined, necessitating a wheelchair-accessible vehicle.
The insurer denied the $41,761.45 claim for vehicle modifications, arguing the decline was the natural progression of his disease.
The arbitrator preferred the evidence of the applicant's treating neurologist, finding that the trauma and subsequent hospital deconditioning materially contributed to the rapid functional decline.
The claim for rehabilitation benefits was granted.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 14, 2012
