From a 1% Whole Person Impairment CAT DAC to a 79% Whole Person Impairment at Arbitration

H. v. Lombard General Insurance [2007] F.S.C.O. File #A06- 000209 (released October 4, 2007) In order to obtain access to enhanced no-fault benefits, including up to $1,000,000.00 in attendant care benefits and $1,000,000.00 in medical and rehabilitation benefits, a person injured in a motor vehicle accident must be deemed to be “catastrophically impaired”. A common issue in determining if someone is catastrophically impaired is whether they have a Whole Person Impairment of 55% or more in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th Edition 1993 (“Guides”). Recently, Thomson Rogers on behalf of a new client applied to an insurer with supporting medical documentation for an acknowledgment that she was catastrophically impaired as a result of a Whole Person Impairment of 55%. The insurer denied the application and the issue was referred to a Designated Assessment Centre, which declared our client to ...

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March 2018 ABR Updater: Issue 44


On December 6, 2017, Adjudicator Go confirmed that an insured is entitled to be paid attendant care benefit regardless of whether the ...  Continue

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