Application for catastrophic impairment designation dismissed as applicant failed to meet whole person impairment threshold.
The applicant sought statutory accident benefits following a 2019 motor vehicle accident, claiming he sustained a catastrophic impairment.
The Licence Appeal Tribunal assessed the applicant's impairments under criteria 7 and 8 of the Schedule.
The Tribunal found the applicant's whole person impairment rating was 46%, falling short of the 55% threshold required under criterion 7.
Under criterion 8, the Tribunal rejected the applicant's claim of a marked impairment in social functioning, finding his pre-accident history contradicted the expert's opinion.
The Tribunal also dismissed the applicant's claims for the cost of a catastrophic determination assessment, an award for unreasonable delay, and interest, as the applicant failed to meet his evidentiary onus.
OLATOntario Licence Appeal TribunalJul 2, 2024
