Application for catastrophic impairment dismissed due to lack of causation and unreliable applicant testimony.
The applicant sought a determination that she sustained a catastrophic impairment as a result of a 1999 motor vehicle accident.
She claimed the accident caused a lumbar disc rupture that led to chronic pain and significant impairment.
The arbitrator found the applicant's testimony unreliable due to numerous inconsistencies with contemporaneous medical records, which showed no complaints of low back pain until over a year after the accident and referenced a possible second accident in 2001.
The arbitrator concluded the applicant failed to prove on a balance of probabilities that the 1999 accident caused her impairments or that she met the 55% whole person impairment threshold, dismissing the application.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 28, 2011
