The appellant, who was injured in a motor vehicle accident, appealed and sought judicial review of a Licence Appeal Tribunal decision denying her catastrophic impairment benefits.
The Divisional Court found that while there was no breach of procedural fairness, the Adjudicator's findings regarding the appellant's whole person impairment under Criterion 6 of the AMA Guides were unreasonable.
Specifically, the Adjudicator unreasonably dismissed evidence of double vision, peripheral neuropathy, and medication side effects.
The court quashed the decision and remitted the matter to the LAT for a new hearing before a different adjudicator.
