Dr. G. Esmail

The applicant was struck by a motor vehicle while riding his bicycle and sought a determination of catastrophic impairment under criteria 6 (brain injury) and 8 (mental or behavioural disorder) of the Statutory Accident Benefits Schedule.

The applicant relied heavily on a revised incident report from a paramedic indicating a depressed Glasgow Coma Scale score, which contradicted the original reports showing a perfect score.

The Tribunal found the revised report lacked credibility and rejected the expert opinions relying upon it.

Consequently, the Tribunal concluded the applicant failed to prove he sustained a brain injury or a resulting mental and behavioural disorder, and dismissed the application for catastrophic impairment, an award, interest, and costs.

The applicant was struck by a motor vehicle while riding his bicycle and sought a determination of catastrophic impairment based on a Glasgow Coma Scale (GCS) score of 9 or less.

The adjudicator found that the paramedic's delayed report, which recorded a GCS of 8/15 three months after the accident, lacked credibility and reliability.

Preferring the respondent's expert neurological evidence, the adjudicator concluded the applicant did not sustain a catastrophic impairment.

The claim for an award under Ontario Regulation 664 was also dismissed as there was no evidence the insurer unreasonably withheld or delayed payments.