Applicant deemed catastrophically impaired based on a single Class 4 marked impairment in activities of daily living.
The applicant was injured in a pedestrian motor vehicle accident and sought a determination that she suffered a catastrophic impairment under the Statutory Accident Benefits Schedule.
The arbitrator found that while the applicant's combined physical and psychological impairments resulted in a 39% whole person impairment, falling short of the 55% threshold under clause (f), she did meet the criteria under clause (g).
Specifically, the arbitrator accepted the CAT DAC assessment that the applicant's pain disorder and physical limitations resulted in a Class 4 marked impairment in her activities of daily living.
The arbitrator held that a single marked impairment is sufficient to meet the definition of catastrophic impairment.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 11, 2009
