Application for catastrophic impairment dismissed; chiropractor not qualified to make determination and surveillance contradicted claimed impairments.
The applicant sought a determination of catastrophic impairment under Criterion 6 of the Statutory Accident Benefits Schedule following a motor vehicle accident.
The applicant relied on a revised assessment by an orthopedic surgeon, which incorporated a whole person impairment rating from a chiropractor.
The Tribunal found the chiropractor was not qualified to make a catastrophic impairment determination and gave little weight to the revised assessment.
Relying on the respondent's orthopedic assessment and surveillance evidence showing the applicant functioning without walking aids, the Tribunal concluded the applicant did not meet the 55% whole person impairment threshold.
The application was dismissed, and no award for unreasonable delay was granted.
OLATOntario Licence Appeal TribunalJan 26, 2024
