Dr. Death

The applicant sought a preliminary order deeming him catastrophically impaired under Criterion 7 of the Statutory Accident Benefits Schedule, relying on a section 44 insurer examination by Dr. Waseem that concluded he met the 55% Whole Person Impairment threshold.

The respondent insurer opposed the motion, relying on conflicting section 44 assessments and an executive summary that concluded the applicant's wheelchair dependency was caused by pre-existing diabetes complications rather than the accident.

The Tribunal dismissed the applicant's request, holding that an insurer is not bound by the opinion of a single section 44 assessor and that a full hearing was required to weigh the complex medical evidence regarding causation.

The Tribunal also ordered the applicant to attend a section 44 psychiatric examination before proceeding with the application.

The applicant was injured in a motor vehicle accident and sought various medical and rehabilitation benefits, as well as post-104 week income replacement benefits (IRB), which the respondent insurer denied.

The Licence Appeal Tribunal found that the applicant likely suffered a concussion and continued to experience dizziness, cognitive impairments, and psychological difficulties.

The Tribunal determined that the proposed treatment plans for occupational therapy, physiotherapy, and speech language therapy were reasonable and necessary, with the exception of a weighted vest.

Furthermore, the Tribunal concluded that the applicant met the test for post-104 week IRB, as her ongoing impairments rendered her completely unable to engage in any employment for which she was reasonably suited.

The respondent was ordered to pay the disputed benefits and interest.