2 total
Applicant deemed catastrophically impaired due to severe abdominal crush injuries meeting the 55% WPI threshold.
The applicant was severely injured when pinned between two vehicles, sustaining massive abdominal trauma including a subtotal colectomy and partial kidney infarction.
He applied for a catastrophic impairment determination under Criterion 7 of the SABS.
The Tribunal conducted a detailed analysis of his Whole Person Impairment (WPI) ratings under the AMA Guides, assigning 15% for musculoskeletal, 9% for scarring, 25% for gastrointestinal (Class 3), 2% for medication, and 20% for mental and behavioural impairments.
The combined WPI of 54.5% rounded to 55%, meeting the catastrophic threshold.
The Tribunal denied attendant care benefits because the applicant failed to prove the expenses were incurred, but approved several medical treatment plans including psychological services and nutrition counselling.
Costs of $250 were awarded against the respondent for late production of adjuster log notes.
Application for statutory accident benefits dismissed as proposed treatment and assessment plans were not reasonable and necessary.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment and assessment plans, including chiropractic services, cognitive devices, a driving reintegration assessment, a chronic pain assessment, and a fitness membership assessment.
The Tribunal found that the applicant failed to prove on a balance of probabilities that the proposed plans were reasonable and necessary, preferring the respondent's section 44 examination reports which found no objective evidence of impairment and concluded the applicant had reached maximal medical recovery.
The application was dismissed.
No linked lawyers found.
No linked judges found.
