Applicant entitled to ongoing post-156 week accident benefits due to continuing cognitive and physical impairments.
The applicant was severely injured in a 1991 motor vehicle accident and received statutory accident benefits for 156 weeks.
The insurer terminated benefits, arguing she no longer met the test of being continuously prevented from engaging in substantially all of her normal activities.
The arbitrator found that while her physical injuries had healed, she continued to suffer from cognitive deficiencies, dissociative states, and chronic fatigue that severely limited her ability to function independently, maintain her home, or engage in social and parental activities.
The arbitrator concluded she met the post-156 week test and ordered the insurer to pay ongoing weekly and child care benefits.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 7, 1995
