Application for catastrophic impairment dismissed; delayed paramedic report of low Glasgow Coma Scale score found unreliable.
The applicant was struck by a motor vehicle while riding his bicycle and sought a determination of catastrophic impairment based on a Glasgow Coma Scale (GCS) score of 9 or less.
The adjudicator found that the paramedic's delayed report, which recorded a GCS of 8/15 three months after the accident, lacked credibility and reliability.
Preferring the respondent's expert neurological evidence, the adjudicator concluded the applicant did not sustain a catastrophic impairment.
The claim for an award under Ontario Regulation 664 was also dismissed as there was no evidence the insurer unreasonably withheld or delayed payments.
OLATOntario Licence Appeal TribunalMar 13, 2019
