Application for catastrophic impairment determination dismissed as whole person impairment rating fell below 55% threshold.
The applicant was injured in a serious motor vehicle accident and sought a determination that he sustained a catastrophic impairment under s. 3.1(1)(7) of the Statutory Accident Benefits Schedule.
The applicant submitted his whole person impairment (WPI) rating was 60%, while the respondent insurer argued it was 34%.
The adjudicator evaluated competing expert medical evidence regarding the applicant's orthopaedic, neurological, and psychological impairments.
After assessing the ratings under the AMA Guides, the adjudicator concluded the applicant's total WPI was 46%.
As this fell below the 55% threshold, the application was dismissed.
OLATOntario Licence Appeal TribunalMay 10, 2022