Arbitrator's causation findings upheld, but matter remitted for proper calculation of Whole Person Impairment.
The appellant appealed an arbitrator's decision finding that her 1999 motor vehicle accident did not cause her 2001 discectomy and chronic pain, and that she did not sustain a catastrophic impairment.
The Director's Delegate upheld the arbitrator's factual findings on causation, noting they were supported by evidence and not based on a misapprehension of law.
However, the Delegate found that the arbitrator erred by failing to follow the required methodology under the AMA Guides to calculate the appellant's Whole Person Impairment (WPI) for her other impairments.
The matter was remitted to the arbitrator to determine the specific impairment ratings and whether they combine to 55% or more WPI.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 10, 2012
