The applicant was injured in a motor vehicle accident while riding as a passenger on a city bus.
She applied for a determination of catastrophic impairment, which the insurer denied.
At arbitration, the arbitrator considered whether the applicant met the criteria under sections 2(1.2)(f) and (g) of the Statutory Accident Benefits Schedule.
The arbitrator found that the applicant's combined physical and psychological impairments resulted in a 42% whole person impairment, falling short of the 55% threshold under section 2(1.2)(f).
However, the arbitrator concluded that the applicant suffers from a pain disorder driven by both physical and psychological factors, resulting in a marked impairment in the realm of adaptation.
Consequently, the applicant was deemed catastrophically impaired under section 2(1.2)(g).
The applicant's request for a special award was denied as there was no dispute regarding the payment of benefits.
