Catastrophic impairment claim dismissed as applicant's combined impairments fell short of the 55% threshold.
The applicant was injured in a motorcycle accident and sought a determination that he sustained a catastrophic impairment, along with claims for attendant care benefits and a special award.
The arbitrator evaluated competing medical assessments and preferred the insurer's experts, finding the applicant's combined physical and psychological impairments amounted to 49% Whole Person Impairment, falling short of the 55% threshold.
The claim for attendant care benefits was dismissed as the applicant failed to demonstrate an economic loss incurred by his wife and medical assessments indicated he was independent in self-care.
The request for a special award was denied because the insurer had not unreasonably withheld benefits.
The applicant was ordered to pay the insurer's hearing expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 29, 2016
