Applicant found catastrophically impaired due to marked impairment in adaptation from accident-related major depression.
The applicant was injured in a motor vehicle accident and applied for a determination of catastrophic impairment based on a mental or behavioural disorder.
The insurer's psychiatric assessor concluded she had a moderate impairment, while the applicant's assessors found a marked impairment in adaptation to work or work-like settings.
The arbitrator preferred the evidence of the applicant's assessors, finding their conclusions consistent with her real-world functioning and psychometric testing.
The arbitrator held that the applicant suffered a marked impairment in adaptation and therefore met the definition of catastrophic impairment.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 21, 2015
