Dr. Michael Rathbone

The applicant sought a catastrophic impairment designation and attendant care benefits following a motor vehicle accident.

The Tribunal evaluated the competing multidisciplinary assessments to determine if the applicant met the 55% whole person impairment threshold under Criterion 7.

The Tribunal rejected several of the applicant's proposed impairment ratings, including those for the lumbar spine, headaches, mental status, and medication, finding them inconsistent with the AMA Guides and medical evidence.

The Tribunal concluded the applicant's combined whole person impairment was 45%, falling short of the catastrophic impairment threshold.

The application for benefits, interest, and costs was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The Tribunal found that the applicant's claim for a dental assessment was statute-barred as it was filed beyond the two-year limitation period, and the Tribunal lacked jurisdiction under s. 7 of the Licence Appeal Tribunal Act to extend it.

The Tribunal determined that the applicant's left knee and right shoulder issues were pre-existing and not caused by the accident.

However, the applicant was entitled to a treatment plan for assistive devices (excluding a knee brace) because the insurer failed to provide proper medical reasons for its denial under s. 38(8) of the Schedule.

Claims for an in-home assessment and an ENT assessment were dismissed as the applicant failed to prove they were reasonable and necessary.

The request for an award for unreasonable delay was also dismissed.

The applicant suffered a heart attack while driving, causing him to lose control of his vehicle and crash into a ditch.

The position of the vehicle prevented a bystander from administering immediate CPR, and the resulting delay in medical assistance led to severe neurological impairment.

The applicant sought statutory accident benefits, arguing the incident was an 'accident' under s. 3(1) of the Schedule.

The arbitrator found that while the purpose test was met, the causation test was not.

The heart attack, rather than the use or operation of the vehicle, was the direct cause and dominant feature of the impairment.

The application was dismissed.

The applicant was found outside his truck after it struck three parked vehicles.

He suffered a severe stroke and later died.

His estate sought statutory accident benefits, arguing the stroke was caused by the collision or a panic-induced spike in blood pressure resulting from the collision.

The insurer argued the stroke occurred spontaneously prior to the collisions.

The arbitrator found that the applicant's panic reaction to the first impact caused a precipitous rise in blood pressure, which, combined with his susceptibility to stroke and possible head trauma, caused the stroke.

Therefore, the impairments were sustained as a result of an 'accident' under the Schedule.