Catastrophic impairment claim dismissed; mental and behavioural impairments found to be moderate, not marked.
The applicant was injured in a motor vehicle accident and sought a determination of catastrophic impairment based on mental or behavioural disorders (Criterion 8).
The applicant suffered a severe breast injury resulting in chronic pain, which she argued caused marked impairments in social functioning and adaptation.
The arbitrator applied the AMA Guides and found that while the applicant suffered from mental disorders, her impairments in social functioning and adaptation were at most moderate (Class 3).
The arbitrator concluded that the applicant's work challenges stemmed primarily from physical pain rather than a mental disorder, and dismissed the application for catastrophic impairment.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 13, 2017
