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Applicant designated catastrophically impaired after maintaining a Glasgow Coma Scale score of 9 or less for one hour post-accident.
The applicant was injured in a motor vehicle accident and applied for enhanced statutory accident benefits, claiming a catastrophic impairment based on a brain impairment resulting in a Glasgow Coma Scale (GCS) score of 9 or less.
The insurer denied the claim, arguing the GCS scores were confounded by medical interventions and seizures, and that the applicant did not maintain the score for a reasonable time.
The arbitrator found that the applicant maintained a GCS score of 9 or less for about one hour after the accident, which was a reasonable time given the circumstances, and that the scores were not confounded by intubation during that period.
The applicant was designated as catastrophically impaired.
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