2 total
Catastrophic impairment claim dismissed; expert failed to account for pre-existing shoulder conditions in impairment rating.
The applicant sought a determination of catastrophic impairment and entitlement to attendant care benefits and assistive devices following a 2019 motor vehicle accident.
The adjudicator found the applicant was not catastrophically impaired, rejecting the orthopaedic expert's 24% whole person impairment rating because it failed to account for the applicant's significant pre-accident history of right shoulder issues.
Without the orthopaedic rating, the applicant could not meet the 55% threshold.
The claims for assistive devices and attendant care benefits were also dismissed as the applicant failed to provide the necessary evidentiary support, including a Form-1 for attendant care.
The court granted the father sole decision-making and primary care due to the mother's history of child abuse, while imputing income to both parents for support purposes.
This decision addresses a temporary motion and cross-motion concerning decision-making responsibility, parenting arrangements, child support, and spousal support.
The court granted the father sole decision-making authority and primary care of both children, maintaining the mother's limited parenting time with the younger child and no contact with the older child due to a documented history of abuse and the older child's expressed fear.
Income was imputed to both parents, and the mother was ordered to pay child support, while the father was ordered to pay spousal support at the lower end of the advisory guidelines, considering his significant section 7 expenses.