What is the test for determining whether a person is disabled under section 1121 of the Ontario Motor Vehicle Accident Benefits Act?

California, United States of America


The following excerpt is from Chatterjee v. Kizer, 231 Cal.App.3d 1348, 283 Cal.Rptr. 60 (Cal. App. 1991):

Gyurko v. Harris (D.Conn.1980) 487 F.Supp. 1121 reached a similar conclusion, albeit without analysis. The court stated: "Whether a claimant is under a 'disability' under the applicable statute does not depend ... on the existence of an impairment which is so severe that it prevents the claimant from engaging in substantial gainful activity. It depends, rather, on a finding that (a) the claimant is unable 'to engage in any substantial gainful activity' (b) because of an impairment which is of such severity that it 'can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.' [Citations.] The statutory test's reference to a continuous twelve month period relates to the period in which the claimant suffers from an impairment, rather than the length of time he is out of work." (At p. 1127.)

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