Insurers Keep Trying to Put the CAT Back in the Bag. Don’t Let Them

Author(s): , David A. Payne

May 1, 2013

The accident benefits maze is difficult to navigate at the best of times. This is especially true for victims of a traumatic brain injury (TBI). The Ontario Government recognized this special vulnerability with a 2010 regulation that declared that any individual with a Glasgow Coma Scale (GCS) reading of 9 or less (as the result of a collision) is automatically deemed to be catastrophically impaired.

The purpose of this regulation was to create a “bright line” so that individuals with a GCS reading of 9 or less, did not have to jump through further hoops to be declared catastrophically impaired. That is not to say that TBI victims with a GCS above 9 are precluded from applying for a catastrophic determination, but merely that they will have a more difficult evidentiary burden when doing so.

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