Sarah Kun

The applicant sought a determination that he sustained a catastrophic impairment following a motor vehicle accident, which would entitle him to enhanced statutory accident benefits.

The central dispute involved whether the applicant's lower extremity symptoms were caused by accident-related damage to the cauda equina or by pre-existing degenerative disc disease.

The Tribunal preferred the respondent's medical evidence, finding that the applicant suffered an L1 fracture and that his ongoing symptoms were degenerative rather than accident-related.

As the applicant's Whole Person Impairment score did not reach the 55% threshold without the cauda equina impairment rating, the motion was dismissed.

The applicant sought a determination that he sustained a catastrophic impairment following a motor vehicle accident, which would entitle him to enhanced statutory accident benefits.

The dispute centered on whether his lower extremity symptoms were caused by accident-related damage to the cauda equina or pre-existing degenerative disc disease.

The tribunal accepted the respondent's medical evidence that the symptoms were degenerative and that treating physicians had ruled out cauda equina involvement.

Consequently, the applicant's Whole Person Impairment score did not meet the 55% threshold, and the application was dismissed.