Application for catastrophic impairment designation dismissed; applicant did not meet the GOSE threshold.
The applicant sought a determination that she was catastrophically impaired due to a traumatic brain injury sustained in a motor vehicle accident.
The central issue was whether she met the threshold under the Glasgow Outcome Scale Extended (GOSE) structured interview.
The tribunal found that the applicant's assessors took an overly specific view of the GOSE questionnaire, while the respondent's assessors correctly applied a more generalized approach.
The tribunal also held that under section 45(2) of the Schedule, an occupational therapist cannot complete the GOSE questionnaire for catastrophic determination.
The tribunal concluded that the applicant did not meet the required criteria and dismissed the application.
OLATOntario Licence Appeal TribunalMay 9, 2022