The appellant suffered psychological injuries after her son was significantly injured in a bicycle accident.
She applied for a catastrophic impairment designation under the Statutory Accident Benefits Schedule (SABS).
The insurer and the License Appeals Tribunal denied her application, finding she was not entitled to apply because she was not directly involved in the accident.
On appeal, the Divisional Court held that the Tribunal erred in law by ignoring the plain language of the SABS, which allows any 'insured person' to apply for the designation.
The appeal was allowed, and the appellant was found eligible to make a claim for a catastrophic impairment designation.
