2 total
Case allowed decision
The plaintiff was injured in a multi-car collision.
The defendants admitted liability, and the case proceeded to a jury for damages.
This ruling addresses a threshold motion brought by the plaintiff to determine if her claim for general damages is barred by s. 267.5(5) of the Insurance Act, which requires a "permanent serious impairment of an important physical, mental or psychological function." The court applied the three-part test from Meyer v. Bright and found that the plaintiff's impairments to her ability to work and attend school were permanent, important, and serious, thus meeting the statutory threshold.
Income replacement benefits reinstated; applicant's accident-related depression caused substantial inability to perform stressful nursing duties.
The applicant, a visiting mental health nurse, was injured in a motor vehicle accident and received income replacement benefits.
She attempted a graduated return-to-work program coordinated by the insurer, but struggled with physical pain and psychological difficulties.
The insurer terminated her benefits based on assessments indicating she was no longer physically disabled.
The arbitrator found that while the applicant was physically capable of performing most tasks, the demanding and stressful nature of her job, which involved treating acutely psychotic patients alone in the community, meant she was substantially disabled by her accident-related depression.
The arbitrator awarded ongoing income replacement benefits, certain medical and rehabilitation expenses, but denied the applicant's claim for a special award and the insurer's claim for repayment of benefits.
