Application for catastrophic impairment benefits dismissed as applicant's combined impairments did not meet the 55% threshold.
The applicant was injured in a motor vehicle accident and sought a determination that she sustained a catastrophic impairment under the Statutory Accident Benefits Schedule.
The applicant relied on assessments indicating a 74% whole person impairment, while the insurer's assessors concluded she had a 31% combined impairment.
The arbitrator rejected the applicant's primary expert evidence, finding the assessor opined outside his expertise and acted as an advocate.
Preferring the insurer's experts and finding the applicant's evidence lacked credibility, the arbitrator concluded the applicant's combined physical and mental impairments resulted in a 28% whole person impairment.
The application for catastrophic impairment benefits was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 16, 2009
