Catastrophic impairment claim dismissed as expert SCIM scoring methodologies failed to adhere to statutory requirements.
The applicant sought a determination that she sustained a catastrophic impairment under the ambulatory mobility criterion following a motor vehicle accident.
While the Tribunal accepted that the accident caused a severe and permanent alteration to the structure and function of her right leg, it rejected the SCIM scoring methodologies presented by both parties' experts.
The applicant's experts improperly scored her using a wheeled walker without a swing gait, and the respondent's expert improperly substituted his hand for a cane.
Without valid SCIM scoring evidence, the applicant failed to meet her burden of proof.
Claims for a walker and a CAT assessment were also dismissed as the applicant made no submissions to establish they were reasonable and necessary.
OLATOntario Licence Appeal TribunalNov 9, 2023
