P.L.F.R. v. Intact Insurance Company (16-000145)

As a result of the accident, the claimant suffered GCS scores in the range of 12 to below 9 and sought an order that her impairment was catastrophic. The insurer argued that the GCS scores below 9 were not caused by a brain impairment. Adjudicator Flude concluded that the SABS did not require ongoing neurologic impairment to qualify for a catastrophic impairment. Adjudicator Flude accepted evidence that a GCS score from an intubated patient is reliable, and that the claimant’s blood loss would have resulted in decreased brain function, which was sufficient to meet the “brain impairment” requirement.