The claimant sought a catastrophic impairment determination and entitlement to NEBs. Adjudicators Hines and Punyarthi held that the claimant suffered a catastrophic impairment as a result of a 55 percent WPI as a result of the accident, and that he was entitled to NEBs. The Tribunal accepted that the claimant was entitled to 26 percent WPI for a cervical spine injury, 3 percent for medications, 2 percent for sleep disorder, 5 percent for occipital neuralgia on each of the left and right side, and 29 percent for four Class 3 Moderate Impairments. The Tribunal rejected any WPI for erectile dysfunction and urinary dysfunction, migraine headaches, and knee instability. The Tribunal also rejected 15 percent WPI for emotional or behavioural disturbances, on the basis that it would “double count” the WPI assigned under mental and behavioural disorder. The Tribunal also accepted that the claimant was entitled to NEBs due to the effect of the accident on his ability to work, his recreational activities, his ability to drive, his social life, his relationships, and his resilience.
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