The Respondent, Mr. Ilir Kraja, was injured in an August 1, 2012 motor vehicle accident. As a result, he applied to his first-party automobile insurer, the Appellant, Wawanesa Mutual Insurance Company, for statutory accident benefits under the 2010 Schedule.[1]
The Respondent seeks enhanced accident benefits on the basis that he sustained a catastrophic injury, as defined by subparagraph 3(2)(d)(i) of the 2010 Schedule. That provision reads:
(2) For the purposes of this Regulation, a catastrophic impairment caused by an accident is,
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(d) subject to subsection (4), brain impairment that results in,
(i) a score of 9 or less on the Glasgow Coma Scale, as published in Jennett, B. and Teasdale, G.,Management of Head Injuries, Contemporary Neurology Series, Volume 20, F.A. Davis Company, Philadelphia, 1981, according to a test administered within a reasonable period of time after the accident by a person trained for that purpose …
https://www5.fsco.gov.on.ca/AD/4685