Applicant v. Aviva General Insurance (19-002362)

The claimant sought a catastrophic impairment determination. The insurer argued that the claimant’s impairment were a result of degenerative changes to the claimant’s spine rather than the accident. Vice Chair Flude agreed with the insurer, and found that the claimant’s accident-related impairments were not sufficient to meet a 55 percent WPI. He held that the claimant’s cauda equina like symptoms (which accounted for 40 percent WPI) were not a result of the accident.