The applicant sought a determination that her impairments from a motor vehicle accident met the 55% whole person impairment (WPI) threshold for catastrophic impairment under the Statutory Accident Benefits Schedule. The adjudicator evaluated conflicting medical evidence regarding the applicant's neurological and psychological impairments, including sleep disorders, mental status, and somatic disorders. While the adjudicator preferred much of the applicant's medical evidence and found the insurer's assessors had underestimated the impairments, the final combined WPI was determined to be 51%. As this fell short of the 55% threshold, the application was dismissed.
Date: 2017-04-27
Tribunal File Number: 16-000013/AABS
Case Name: 16-000013 v Peel Mutual Insurance Company
In the matter of an Application pursuant to subsection 280(2) of the Insurance Act, RSO 1990, c I.8, in relation to statutory accident benefits
Between:
Applicant
Applicant
And
Peel Mutual Insurance Company
Respondent
DECISION
ADJUDICATOR: Susan Sapin
APPEARANCES:
Counsel for the Applicant: Gary Mazin
Counsel for the Respondent: Patrick Martin
HEARD In-Person: September 7 and