In Security National Insurance Co. v. Allen, Justice Fragomeni
of the Divisional Court upheld the decision of Director Delegate
Blackman’s , finding that when an organic brain injury and a
psychological disorder separately result in emotional or
behavioural impairments, they are both to be rated and then
combined for the purpose of determining a WPI rating.
At arbitration, the issue was whether the claimant had sustained
a 55% Whole Person Impairment (WPI) pursuant to the SABS. The
Arbitrator concluded the claimant had a 52% WPI rating and
therefore was not catastrophically impaired. In reaching this
conclusion the Arbitrator did not provide a a Chapter 4 rating,
finding that the Chapter 14 rating captured any mental and
behavioral impairment. On appeal by the insured, Director’s
Delegate Blackman rejected the insurers argument that rating under
both Chapter 4 and Chapter 14 was double counting and remitted the
questions of the insured's rating for brain injury
