Helping to determine if your Client is Catastrophically Impaired

Author(s): David F. MacDonald

September 10, 2009

With anticipated changes to the Statutory Accident Benefits Schedule, it is all the more important for treating health care professionals to determine whether their clients are catastrophically impaired or are likely to be deemed to be catastrophically impaired.

Courts and Arbitrators have helped us to understand how the definition of catastrophic impairment may apply to individuals who suffer very severe injuries in motor vehicle accidents. These same decisions have helped us to understand that clinical findings by treating and assessing health care professionals are integral to the process of evaluating whether a person has sustained a catastrophic impairment.

This paper is to provide health care professionals with further tools to assist them in conducting evaluations and providing detailed reports to assist in Catastrophic Impairment determination. This paper examines the definition of catastrophic impairment, legislative intent and provides a summary of all of the decisions concerning catastrophic impairment determination by the courts and by FSCO Arbitrators.

 

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