Tamara Broder

The appellant insurer appealed an arbitrator's decision awarding the respondent income replacement and housekeeping benefits following a motor vehicle accident.

The insurer argued the arbitrator failed to apply the proper causation test and failed to provide adequate reasons, particularly regarding the respondent's pre-existing depression and medical history.

The Director's Delegate dismissed the appeal, finding the arbitrator correctly applied the material contribution test and properly treated the respondent as a 'thin skull' rather than a 'crumbling skull' case.

The Delegate held that the arbitrator's factual findings were supported by the evidence and her reasons were adequate.