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Catastrophic Impairment in Ontario: How ‘CAT’ Status Transforms Your Accident Benefits Claim

10 min read April 2025By Bahman (Ben) Azimi

Why CAT Designation Matters

Ontario’s SABS creates two entirely distinct tiers of accident benefit entitlement. Non-catastrophic claimants receive a combined medical, rehabilitation, and attendant care pool of $65,000. Catastrophically designated claimants receive $1,000,000. Additionally, catastrophic claimants access attendant care up to $6,000/month, caregiver benefits without optional coverage, and benefit indexation. The difference is not marginal — it is legally transformative.

The SABS Catastrophic Criteria

Schedule 1 of SABS O. Reg. 34/10 lists qualifying catastrophic impairments including: paraplegia or tetraplegia; severe traumatic brain injury meeting Glasgow Outcome Scale criteria; total bilateral vision loss; traumatic amputation; and impairments producing a Class 4 (Marked) or Class 5 (Extreme) whole person impairment rating under the AMA Guides Sixth Edition.

Accident date matters: The SABS catastrophic criteria changed materially on June 1, 2016. Pre-2016 accidents are assessed under prior criteria that differ significantly for TBI and psychiatric impairment. Confirm which version applies to your claim.

The Assessment Process

Either party can initiate a catastrophic determination. The standard process involves a multidisciplinary team — physiatrist, neuropsychologist, occupational therapist, and other relevant specialists — who examine the claimant, review all records, and produce a written report. Insurers routinely contest CAT designations. Independent legal and medical representation is essential from the earliest stages.

Challenging an Insurer’s CAT Refusal

Where an insurer refuses a CAT designation despite compelling evidence, the dispute proceeds through FSRA arbitration or court. Competing expert reports are exchanged and, if necessary, heard before a FSRA arbitrator. The quality and comprehensiveness of your expert assessors — and their reports — is frequently determinative of outcome.

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Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Reading this content does not create a solicitor-client relationship with Azimi Law. Always consult a qualified Ontario lawyer regarding your specific situation.

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Legal Disclaimer: Articles on this blog are for general informational purposes only and do not constitute legal advice. Laws and regulations change — always consult a qualified Ontario lawyer regarding your specific situation.