Application for catastrophic impairment designation dismissed as whole person impairment was assessed at 28%.
The applicant sought a determination that she was catastrophically impaired following a motor vehicle accident, claiming marked or extreme impairment due to a mental or behavioural disorder, or alternatively, a 55% or more whole person impairment (WPI).
The arbitrator found that the applicant did not suffer a marked or extreme mental or behavioural impairment.
After evaluating conflicting medical evidence regarding her physical and cognitive injuries, the arbitrator assessed her combined WPI at 28%, well below the 55% threshold.
The applicant was awarded $6,000 for the costs of catastrophic assessments, but her claims for attendant care benefits were dismissed.
The insurer was awarded its arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 26, 2014
