Minor with pre-existing disabilities deemed catastrophically impaired after accident significantly increased his dependency.
The applicant, an eight-year-old with severe pre-existing disabilities, was struck by a vehicle and sustained a traumatic brain injury.
He applied for a determination of catastrophic impairment under s. 3(2)(d)(ii) of the Statutory Accident Benefits Schedule, arguing that the accident significantly increased his dependency and need for daily support.
The respondent argued that the accident did not exacerbate his pre-existing impairments.
The Tribunal found the applicant's evidence, including his mother's testimony and the Omega Medical Associates assessment, more compelling.
The Tribunal concluded that the applicant's condition worsened significantly after the accident, increasing his dependencies, and deemed him catastrophically impaired.
OLATOntario Licence Appeal TribunalJan 12, 2018
