FSCO Review of Catastrophic Impairment
On April 15, 2011, the Financial Services Commission of Ontario (FSCO) released its expert report on catastrophic impairment definition review. The recommendations are considered significant as they reflect a departure from the long-standing position of jurisprudence in Ontario for the definition of catastrophic impairment under the Statutory Accident Benefits Schedule, including the approach used in Desbiens v. Mordini.
The panel recommended the creation of an interim catastrophic impairment to ensure access to rehabilitation services while a final determination of catastrophic status is being determined. The panel was split on whether Glasgow Coma Scale (GCS) score of 9 . . . [more]