The applicant sought judicial review of a Licence Appeal Tribunal decision finding she was not catastrophically impaired under Criterion 7 of the Statutory Accident Benefits Schedule.
The Tribunal had concluded her whole person impairment rating was 49%, falling short of the 55% threshold.
The Divisional Court dismissed the application, finding the Tribunal's assessment of a 0% impairment for the spine and its correction of the upper extremity impairment calculation on reconsideration were reasonable and within its statutory authority to apply the AMA Guides.
