Application for catastrophic impairment and ongoing accident benefits dismissed due to lack of medical evidence proving causation.
The self-represented applicant sought a determination of catastrophic impairment and ongoing housekeeping and non-earner benefits following a motor vehicle accident.
The applicant suffered from pre-existing schizophrenia and other mental health challenges.
The arbitrator found that the applicant failed to meet the evidentiary burden of proving a whole person impairment in excess of 55% under the AMA Guides, or that his psychological deterioration was caused by the accident rather than his pre-existing condition.
As the applicant was not found to be catastrophically impaired and had exhausted his non-catastrophic limits, the claims for further housekeeping and non-earner benefits were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 6, 2016
