Catastrophic impairment application dismissed as premature for failing to meet early determination criteria.
The applicant was injured in a motor vehicle accident and applied for a catastrophic impairment determination approximately 15 months post-accident.
Because the application was submitted prior to the two-year mark, the applicant was required to satisfy the additional criteria under s. 3.1(2)(b) of the Statutory Accident Benefits Schedule.
The Tribunal found that the applicant's medical experts provided projections of future impairment rather than a present determination that the applicant had a 55% whole person impairment.
Furthermore, the evidence did not establish that the applicant's condition was unlikely to improve to less than 55% impairment.
The application was dismissed as premature.
OLATOntario Licence Appeal TribunalMar 9, 2019
