Dr. K. Meloff

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 insurer applied to vary an earlier order that awarded the applicant interim income replacement and housekeeping benefits, arguing the benefits should terminate at the 104-week mark.

The applicant opposed the variation and brought a motion for continued interim income replacement benefits.

The arbitrator found that the change in the disability test after 104 weeks constituted a material change in circumstances, justifying a variation of the original order to terminate benefits as of January 9, 2004.

However, based on the applicant's demonstrated financial need and strong medical evidence of ongoing physical and psychological disability, the arbitrator issued a fresh order granting continued interim income replacement benefits pending the final arbitration hearing.

The applicant was injured in a motor vehicle accident and sought interim income replacement and housekeeping and home maintenance benefits after the insurer terminated them.

The arbitrator found that the applicant established financial need, having exhausted his savings and borrowed money to meet living expenses.

The arbitrator also found that the applicant established a prima facie case for entitlement to the benefits based on medical evidence of his inability to perform his pre-accident job as a janitor and his housekeeping duties.

The motion for interim benefits was granted.