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Request to state a case to the Divisional Court on catastrophic impairment combining methodology declined.
The insurer requested that the Director of Arbitrations state a case to the Divisional Court under s. 285(1) of the Insurance Act regarding whether physical and psychological impairments can be combined to determine catastrophic impairment under the Statutory Accident Benefits Schedule.
The Director declined the request, finding that FSCO arbitrators have the specialized expertise to interpret the SABS and that the existing jurisprudence on the issue was not internally inconsistent.
The matter was directed to proceed to arbitration in the normal course.
