Arbitrator finds applicant catastrophically impaired where accident-induced blood loss caused brain hypoxia and low GCS score.
The applicant, a five-year-old pedestrian, was struck by a vehicle and sustained severe injuries, including a Glasgow Coma Scale (GCS) score of 9 recorded by paramedics shortly after the accident.
The insurer argued the low GCS score was caused by hemodynamic instability due to blood loss rather than a brain impairment.
The arbitrator found that the applicant suffered a brain impairment as a result of the accident, as the massive blood loss deprived the brain of oxygen, impairing its function and resulting in the GCS score of 9.
The arbitrator concluded the applicant met the definition of catastrophic impairment under subsection 2(1.1)(e)(i) of the Statutory Accident Benefits Schedule.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 19, 2012
