Catastrophic impairment claim dismissed; applicant's combined whole person impairment calculated at 50%, missing the 55% threshold.
The applicant was injured in a severe motor vehicle accident and sought a determination that she sustained a catastrophic impairment under criterion 7 of the Statutory Accident Benefits Schedule.
The applicant claimed a combined whole person impairment (WPI) of 55%, relying on various physical and psychological assessments.
The respondent argued the WPI was 35%.
The Tribunal evaluated the competing expert medical evidence regarding the applicant's spinal impairments, scarring, headaches, vertigo, and psychological functioning.
Ultimately, the Tribunal preferred the respondent's experts on several key issues, concluding that the applicant's combined WPI was 50%.
As this fell short of the 55% threshold, the application was dismissed.
OLATOntario Licence Appeal TribunalMar 9, 2026
