If suffering serious injuries from an accident, the method for assessing catastrophic impairment should be more inclusive according to an Ontario Court of Appeal decision. An assessment of physical and psychological impairments should be allowed to be combined in determining if someone suffers from catastrophic impairment.
As a result of a serious single vehicle incident in 2001, Robert Kusnierz suffered numerous physical and psychological injuries including the loss of his left leg below the knee and clinical depression. Due to his disabilities he lost his job and sought accident benefits from his insurance company, Economical Mutual Insurance Company, under the Statutory Accident Benefits Schedule (SABS). While both parties agreed that Kusnierz was entitled to some benefits there was disagreement as to the classification of the injuries sustained and the resulting amount of benefits.
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