Applicant's post-accident crack cocaine addiction found to be a catastrophic impairment caused by the accident.
The applicant was seriously injured in a motor vehicle accident and subsequently developed a severe addiction to crack cocaine.
He applied for catastrophic impairment status, attendant care benefits, and income replacement benefits.
The insurer argued the addiction pre-dated the accident and was not causally linked.
The arbitrator found that the applicant was a recreational user prior to the accident but the severe addiction was a direct result of the accident, likely due to a mild traumatic brain injury and an attempt to self-medicate.
The arbitrator concluded the applicant suffered a Class 4 marked impairment under the AMA Guides, meeting the definition of catastrophic impairment.
The applicant was awarded ongoing attendant care benefits of $5,056.80 per month and income replacement benefits of $256 per week.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 2, 2005
