Some argue that the current definition of catastrophic impairment is somewhat limited and unclear.
In December 2011, the Financial Services Regulatory Authority of Ontario released the Superintendent’s Report on the Definition of Catastrophic Impairment in the Statutory Accident Benefits Schedule, which provides a host of recommendations for amendments to the current definition of “catastrophic impairment,” or CAT.
Our personal injury lawyers can meet with you for a free initial consultation. Call (416) 364-2000
Suggested Amendments to the CAT Definition
Some argue that the current definition of catastrophic impairment, found in the Statutory Accident Benefits Schedule (SABS), is somewhat limited and unclear.
The Superintendent’s report provides numerous suggestions for clarifying each subsection of SABS’s definition:
- Paraplegia/Tetraplegia – Patients should not be required to complete inpatient spinal cord injury rehabilitation in a public rehabilitation hospital, given that their condition cannot and will not improve, which is contrary to the Expert Panel recommendation.
- Severe walking difficulties – One of the suggestions was that claimants with below-knee or higher amputation of one leg should be deemed to have a catastrophic impairment.
- Traumatic Brain Injury in Adults – the report agrees with elimination of Glasgow Coma Scale in favor of the Extended Glasgow Outcome Scale and recommends the timeline in which claimants are evaluated should be modified as follows: “injuries resulting in a Vegetative State would qualify one month after the accident; injuries classed as Upper or Lower Severe disabilities would qualify at six months; and injuries classed as Lower Moderate disabilities would qualify at one year.”
- Pain – Pain should not qualify as a separate impairment when making determinations.
- Psychiatric Impairment – Although the combined effect of certain conditions can be taken into consideration when making a catastrophic injury determination, a psychiatric and physical impairment should not be combined.
Highlights of the Changes to the CAT Determinations
The Superintendent also made two very significant suggestions that will affect families across Ontario:
- Children with brain trauma – The Superintendent suggested that children who suffer a brain injury and are admitted to a Level I trauma centre should be designated as catastrophic automatically, without need for assessment. This change will ease the burden on many families forced to wait for a CAT determination to have access to benefits.
- Interim benefits – Claimants who clearly require intensive and prolonged rehabilitation should receive interim benefits while a final determination is sought. Interim benefits will provide patients with “access to the medical and rehabilitation services necessary to maximize their chances of achieving optimal recovery.” The Superintendent suggested a cap of $50,000 for interim benefits to avoid possible abuse of the system.
Click to contact our Personal Injury Lawyers today
Changes in the CAT Definition May Affect Your Case
Changes in the definition of CAT are causing alarm in some patients and families currently holding a catastrophic injury designation and receiving accident benefits. Some future victims may find it more difficult to receive a CAT designation, while others will benefit greatly from the proposed changes.
“A determination of catastrophic impairment often makes a crucial difference to an accident victim’s recovery and quality of life,” points out Canadian Lawyer Magazine. As such, if you or your family member has sustained a catastrophic injury, you’ll want to discuss your case with a lawyer to determine what benefits might be available and how the proposed changes might affect your situation.
Complete a Free Case Evaluation form now
Call Preszler Law in Ontario for Assistance
Our caring, professional team at Preszler Law in Ontario is passionate about helping individuals and families obtain the benefits they deserve and need. To see how we may be of assistance to you, call us today at 1-800-JUSTICE® for a free, no-obligation consultation, or contact us online.
Call or text (416) 364-2000 or complete a Free Case Evaluation form
Related Blog Posts:
Herniated Discs: What You Need to Know
Herniated discs are no laughing matter. They’re a type of back injury that may be caused by a slip and fall injury or car accident — and you may not notice the pain right away. A herniated disc may even cause pain or discomfort to radiate down to your feet, making it difficult to enjoy...
4 Differences Between Personal Injury Cases in Ontario and the United States
Given Ontario’s proximity to the United States, the prevalence of American media in popular culture, and the relative infrequency with which most people interact with the courts, it comes as no surprise that some Ontarians are more familiar with American legal concepts than their relevant Ontario counterparts.But personal injury cases in the United States and...
