The appellant appealed a Licence Appeal Tribunal decision denying his request for a catastrophic impairment designation, income replacement benefits, and physiotherapy following a motor vehicle accident.
The appellant argued the Vice-Chair erred by failing to include a contingency for future surgery in his whole person impairment rating and by ignoring expert evidence.
The Divisional Court dismissed the appeal, confirming that whole person impairment is assessed based on the claimant's condition at the time of the hearing without contingencies for future deterioration or surgery.
