{"id":1740,"date":"2021-05-05T17:43:09","date_gmt":"2021-05-05T17:43:09","guid":{"rendered":"https:\/\/vsharmalaw.ca\/?p=1740"},"modified":"2021-05-05T17:43:09","modified_gmt":"2021-05-05T17:43:09","slug":"new-rules-around-brain-injuries-and-cat-designation","status":"publish","type":"post","link":"https:\/\/vsharmalaw.ca\/new-rules-around-brain-injuries-and-cat-designation\/","title":{"rendered":"New Rules Around Brain Injuries and CAT Designation"},"content":{"rendered":"\n

Every year, approximately 50,000 Canadians sustain brain injuries<\/a>.<\/p>\n\n\n\n

If a brain injury is the result of a motor vehicle accident, those victims are entitled to significant compensation. But being designated as catastrophically injured by a brain injury has become more difficult in Ontario \u2013 making it more difficult to receive the compensation you deserve.<\/p>\n\n\n\n

If you or a loved one sustained a brain injury in a motor vehicle accident, you need to know how that\u2019s defined. Knowing the process will help you prepare and gives you the best chance at getting the financial help you\u2019ll need.<\/p>\n\n\n\n

The New Definition of CAT TBI<\/h1>\n\n\n\n

Under the Statutory Accident Benefits Schedule (SABS), anybody involved in a motor vehicle accident is entitled to some compensation, regardless of fault. For people who are deemed catastrophically injured (CAT), the benefits available are significantly greater.<\/p>\n\n\n\n

However, the definition of CAT changed on June 1, 2016. Meaning that, accidents that occurred on or after June 1, 2016 are subject to new definitions.<\/p>\n\n\n\n

These new definitions have a major impact on serious injuries such as brain injuries. Under the new definition, a traumatic brain injury (TBI) is defined using very different criteria than what was previously used. Specifically, it uses the Glasgow Outcome Scale (GOS-E) as well as brain imaging.<\/p>\n\n\n\n

Determining TBI Under the New Definitions<\/h1>\n\n\n\n

Prior to June 1, 2016, the Glasgow Coma Scale (GCS) was used to determine whether or not an adult had a brain injury as the result of a motor vehicle accident. Under this criterion, adults with a GCS score of 9 or less automatically qualified for CAT benefits. This was the primary metric used to define brain injury.<\/p>\n\n\n\n

For accidents that occurred on or after June 1, 2016, the GCS is no longer used to determine brain injury. Instead, GCS was replaced with GOS-E, which is highly specialized and involves a significantly longer time period for diagnosis. That\u2019s because the GOS-E is intended to be administered 6 months after the injury is sustained. That means that individuals who have sustained a brain injury are made to wait 6 months before they can be assessed.<\/p>\n\n\n\n

In addition to the GOS-E, another requirement has been added to determine TBI for the purposes of CAT designation. That additional requirement is the need for a positive finding on medical imaging.<\/p>\n\n\n\n

 <\/h1>\n\n\n\n

The Process<\/h1>\n\n\n\n

To receive a TBI diagnosis, adults over the age of 18 must meet the two criteria described above. Here we describe these criteria in more detail.<\/p>\n\n\n\n

First, the injury must show positive findings on medical imaging. Medical imaging may be a computerized axial tomography scan, magnetic resonance imaging, or any other medically recognized brain diagnostic technology that is capable of indicating intracranial pathology. That intracranial pathology includes intracranial contusions or hemorrhages, diffuse axonal injury, cerebral edema, midline shift, or pneumocephaly and must, of course, have been caused by the accident.<\/p>\n\n\n\n

In terms of the GOS-E criteria, patients can be assessed at one, six, and twelve months as follows. They are determined to have a TBI if:<\/p>\n\n\n\n