Dr. N.C.S. Doxey

The applicant was seriously injured in a motor vehicle accident, resulting in a through-the-knee amputation of his right leg.

He applied for a catastrophic impairment designation under paragraph 2(1)(f) of the Statutory Accident Benefits Schedule, claiming a whole person impairment (WPI) of 55% or more.

The arbitrator evaluated the applicant's physical, skin, and mental/behavioural impairments using the AMA Guides.

The arbitrator found that the applicant sustained a 37% WPI for his lower extremity, a 20% WPI for skin impairment, a 15% WPI for mental and behavioural disorders, and additional minor ratings for his low back, left knee, and left wrist/elbow.

Combining these ratings, the arbitrator concluded the applicant sustained a 62% WPI, meeting the threshold for catastrophic impairment.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits and supplementary medical expenses.

The insurer terminated her income replacement benefits, arguing she had recovered and could return to her pre-accident employment as a meat packer.

The arbitrator found that the applicant suffered from chronic pain syndrome and a major depressive disorder caused by the accident, rendering her substantially unable to perform the essential tasks of her employment.

The arbitrator preferred the evidence of the applicant's treating practitioners and experts over the insurer's assessors.

The applicant was awarded ongoing income replacement benefits, supplementary medical expenses, and interest on overdue benefits.

The applicant, a self-employed baker and greenhouse operator, was injured in a head-on motor vehicle collision.

The insurer terminated her income replacement benefits at the 104-week mark, arguing she was no longer disabled and seeking repayment for allegedly overstated pre-accident income.

The arbitrator found the applicant remained substantially disabled from the essential tasks of her pre-accident employment, relying heavily on compelling lay witness testimony regarding her post-accident cognitive and physical decline.

The arbitrator also accepted the applicant's evidence regarding her pre-accident earnings, setting the ongoing benefit at $634.82 weekly and ordering the insurer to pay $34,233 in arrears.