Accident-related immobility found to be a necessary cause of pre-existing disease progression leading to amputation.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits, including a determination of catastrophic impairment.
The central issue was whether the accident caused the rapid progression of the applicant's pre-existing peripheral arterial disease, which ultimately required an above-the-knee amputation.
The Tribunal applied the 'but for' test and found that the applicant's accident-related lack of mobility was a necessary cause of the disease's progression and the resulting amputation, thereby meeting the criteria for catastrophic impairment.
The Tribunal also awarded non-earner benefits, partial attendant care benefits, costs for chiropractic treatment and catastrophic impairment assessments, and interest on overdue payments, while dismissing a claim for a home exercise program.
OLATOntario Licence Appeal TribunalAug 22, 2022
