Dr. Shahamalak

The applicant sought reconsideration of a Tribunal decision that found he did not sustain a catastrophic impairment.

The Associate Chair initiated a review and found that the Tribunal committed a material breach of procedural fairness by relying on the respondent's expert report after the expert was not made available for cross-examination.

The Tribunal's failure to allow cross-examination on central evidence, while still relying on the report to support its conclusions, warranted cancelling the original and reconsideration decisions.

A new hearing was ordered.