Applicant deemed catastrophically impaired under both physical and psychological criteria following severe bicycle accident.
The applicant was struck by a pickup truck while riding his bicycle, sustaining severe injuries to his left heel and ankle.
He applied for a determination of catastrophic impairment, which the insurer denied.
At arbitration, the arbitrator preferred the evidence of the applicant's experts, finding that his need for two crutches and a short leg brace resulted in a 55% Whole Person Impairment under the AMA Guides.
Furthermore, the arbitrator accepted that the applicant's chronic pain and depression resulted in a Class 4 marked impairment in at least one area of functioning.
The arbitrator concluded that the applicant sustained a catastrophic impairment under both paragraphs 2(1.2)(f) and (g) of the Schedule.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 12, 2010
