• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

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Danzig and St. Paul Fire & Marine Arbitration, Motion, FSCO 4902

https://www5.fsco.gov.on.ca/AD/4902

Dr. Moddel

 

The Applicant takes much issue with the way Dr. Moddel’s Neurological Assessment findings were incorporated – or more accurately not incorporated – into the Insurer’s multidisciplinary assessment culminating into the Executive Summary, despite that Dr. Moddel was part of that multidisciplinary team. Dr. Moddel opines on page 5 of his report that the Applicant suffered a closed head injury, and that, “I find this woman has a significant dementia and is now quite incapacitated following a motor vehicle accident.” In answers to the specific referral questions, he is clear that the diagnosis is related to the accident, and according to my reading, appears to dispute that the Applicant’s condition – e.g. her cognitive decline – is an aggravation of a pre-existing condition. The Applicant focuses, in particular, on Dr. Moddel’s finding that:

 

From a neurological point of view, Ms. Danzig suffered a severe cognitive impairment secondary to the motor vehicle accident. Please refer to the executive summary for the whole person impairment rating. (Emphasis added)

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