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.
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.
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.
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.