Court Of Appeal Clarifies "Catastrophic Impairment"

In allowing Mr. Robert Kusnierz' appeal December 23, 2011, the Ontario Court of Appeal confirmed that psychological impairments should be combined with physical impairments to determine whether a car accident victim has suffered a "catastrophic impairment". Mr. Kusnierz suffered serious physical injuries in a 2001 car accident, including a below knee amputation. He also suffered from psychological problems including depression. The Court of Appeal found that the judge at Mr. Kusnierz' trial against his insurance company, Economical, erred when he concluded that Mr. Kusnierz' psychological impairments should not be combined with his physical impairments, and that Mr. Kusnierz had therefore not sustained a catastrophic impairment.