Double Count Me Out: Confusion Persists When Rating Brain Injuries And Mental And Behavioural Disorders

Concerns about "double counting" in the context of catastrophic impairment determination under the various versions of the Statutory Accident Benefits Schedule ("Schedule") are nothing new. Although the question has been addressed in numerous cases over the years, confusion persists.

Director's Delegate Blackman addressed some of this confusion in his July 6, 2016 decision in Allen and Security National Insurance co./Monnex Insurance Mgmt. Inc. (P15-00018) by reminding everyone that "symptoms" are not synonymous with "impairments" and that determining the cause of the impairment is a role incumbent upon the Arbitrator.

Mr. Allen suffered both a physical brain injury and a separate psychological mental and behavioural disorder. He sought catastrophic impairment determination under clause 2(1.2)(f) of the 1996 Schedule on the basis of an impairment or combination of impairments that resulted in 55% or more whole person impairment (WPI).