The claimant sought a declaration of catastrophic impairment due to a GCS score less than 9. He was involved in a single vehicle accident and sustained serious physical injuries. His GCS at the scene of the accident was 13, and his GCS upon arrival at the hospital was 15. The only point at which the claimant’s GCS score fell below 9 was when he was intubated in preparation for surgery on his legs. Adjudicator Flude concluded that the sub-9 GCS score was not due to a brain injury or brain impairment, but was instead the result of anaesthesia used for the surgery to the claimant’s legs. He held that without the claimant demonstrating that he suffered a brain injury, he had not suffered a catastrophic impairment.
