Dr. S. Scherer

The applicant was injured in a motorcycle accident and sought statutory accident benefits.

The Licence Appeal Tribunal found the applicant suffered a complete inability to engage in any employment for which he was reasonably suited, entitling him to a post-104 week income replacement benefit.

The Tribunal also determined the applicant sustained a catastrophic impairment, as his combined physical, neurocognitive, and mental/behavioural impairments met the 55% whole person impairment threshold under the AMA Guides.

However, the applicant's claims for specific medical and rehabilitation benefits were dismissed for lack of evidence proving they were reasonable and necessary.

The appellant appealed an Arbitrator's decision finding that he was not catastrophically impaired and dismissing his claims for statutory accident benefits.

The appellant argued that the Arbitrator erred in relying on surveillance evidence and the respondent's medical experts rather than his own presentation at the hearing and his family's testimony.

The Director's Delegate dismissed the appeal, finding that the Arbitrator made no errors of law.

The Arbitrator was entitled to weigh the evidence, including surveillance videos showing the appellant engaging in complex activities that contradicted his family's testimony and his presentation to his own medical experts.