Application for catastrophic impairment designation dismissed; 2003 accident did not materially contribute to pre-existing brain injury.
The applicant was injured in a motor vehicle accident in 2003 and sought statutory accident benefits, claiming he sustained a catastrophic impairment.
He had previously suffered a severe traumatic brain injury in a 1995 accident.
The applicant argued that he had significantly recovered from the 1995 accident prior to 2003, and that the 2003 accident caused a substantial deterioration in his condition.
The arbitrator found that the medical evidence did not support a significant pre-accident recovery, nor did it establish that the applicant sustained a new traumatic brain injury in the 2003 accident.
Applying the material contribution test, the arbitrator concluded that the 2003 accident did not cause or materially contribute to the applicant's current condition.
The applications for catastrophic impairment designation, non-earner benefits, attendant care, and housekeeping benefits were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 20, 2011
