Applicant found catastrophically impaired after arbitrator rejects insurer's evidence of pre-existing condition and symptom magnification.
The applicant was injured in a motorcycle accident and applied for catastrophic impairment benefits, which the insurer denied.
The central issue was whether the applicant's impairments met the 55% Whole Person Impairment (WPI) threshold, with the insurer arguing that a pre-existing back condition accounted for a significant portion of his current disability.
The arbitrator rejected the insurer's expert evidence regarding the pre-existing condition and symptom magnification, finding the applicant's experts more reliable.
The arbitrator concluded that the applicant sustained a catastrophic impairment as a direct result of the accident and awarded him his full arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 9, 2017
