Catastrophic impairment claim dismissed; applicant failed to prove accident caused subsequent fall and resulting impairments.
The applicant sought enhanced statutory accident benefits, claiming he sustained a catastrophic impairment from a motor vehicle accident.
He argued the accident caused or exacerbated conditions leading to a fall and seizure weeks later.
The Tribunal found the applicant failed to prove on a balance of probabilities that his present impairments, including a traumatic brain injury and psychological issues, were caused by the accident rather than his extensive pre-existing medical conditions, such as diabetic neuropathy and a history of syncope.
As the applicant did not meet the catastrophic impairment threshold and his standard policy limits were exhausted, all claims for medical, rehabilitation, attendant care, and housekeeping benefits were dismissed, along with claims for interest and a special award.
OLATOntario Licence Appeal TribunalSep 19, 2022
