Dr. David Wismer

The applicant sought a determination that she sustained a catastrophic impairment under the ambulatory mobility criterion following a motor vehicle accident.

While the Tribunal accepted that the accident caused a severe and permanent alteration to the structure and function of her right leg, it rejected the SCIM scoring methodologies presented by both parties' experts.

The applicant's experts improperly scored her using a wheeled walker without a swing gait, and the respondent's expert improperly substituted his hand for a cane.

Without valid SCIM scoring evidence, the applicant failed to meet her burden of proof.

Claims for a walker and a CAT assessment were also dismissed as the applicant made no submissions to establish they were reasonable and necessary.

The applicant was injured in two motor vehicle accidents in 1992 and sought ongoing weekly income benefits from two insurers.

The applicant had pre-existing, largely asymptomatic spinal conditions that became symptomatic after the accidents, eventually leading to a cervical laminectomy that resulted in incomplete quadriplegia.

The arbitrator found that both accidents materially contributed to the applicant's disability and that he met the post-156 week disability test.

Both insurers were held fully responsible for the statutory accident benefits without apportionment.

The arbitrator also found a causal connection between the accidents and the surgery, and dismissed one insurer's claim for repayment of benefits.