Applicant found not catastrophically impaired as impairments were not caused by the accident.
The applicant sought a determination that she sustained a catastrophic impairment as a result of a 1999 motor vehicle accident.
The matter was referred back by the Director's Delegate for clarification on the whole person impairment (WPI) rating for 13 specific impairments identified by the applicant's assessor.
The Arbitrator found that the applicant's impairments, including her primary complaints of a lumbar spine discectomy and chronic pain, were not caused by the accident, resulting in a 0% WPI rating.
Even assuming causation, the Arbitrator calculated the WPI at 41%, which falls short of the 55% threshold required for a catastrophic impairment designation.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 19, 2013
