Applicant's catastrophic impairment was caused by pre-existing degenerative condition, not the motor vehicle accident.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, claiming he was catastrophically impaired due to severe cervical spondolytic myelopathy causing quadriparesis.
The insurer denied the claim.
The arbitrator found that while the applicant suffered from a catastrophic impairment, it was not caused or materially contributed to by the motor vehicle accident.
The evidence demonstrated that the applicant's neurological decline was a result of the natural progression of his pre-existing degenerative condition, as his symptoms did not abruptly worsen immediately following the accident.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 17, 2005
