Applicant found catastrophically impaired due to marked mental or behavioural disorder, but not under whole person impairment.
The applicant was injured in a motor vehicle accident while riding his bicycle and sought a determination of catastrophic impairment.
The arbitrator found that the applicant suffered a marked impairment due to a mental or behavioural disorder, satisfying the criteria under section 2(1.2)(g) of the Statutory Accident Benefits Schedule.
However, the arbitrator concluded that the applicant did not meet the 55% whole person impairment threshold under section 2(1.2)(f), as the combined physical and psychological impairments amounted to 48%.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 20, 2012
