Champions With Heart.

SPECT Scan as Evidence for Mild TBI Ruling

Accident victims who suffer catastrophic impairments can access greatly enhanced accident benefits funding, which in turn promotes higher value claims settlements. To be deemed catastrophically impaired under the criteria set out in the Statutory Accident Benefits Schedule (SABS), an accident victim with a Traumatic Brain Injury (TBI) requires objective evidence of the injury on diagnostic imaging, supported by expert medical opinions. This presents a challenge when the initial trauma results in a mild TBI (or concussion), because these injuries do not usually show up on standard imaging technology (x-ray, CT and MRI). Recently, however, scans taken with a newer technology called single-photon emission computerized tomography (SPECT) have been accepted by Ontario courts as an evidentiary tool for demonstrating mild TBI, although its use has been controversial.

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Determining Catastrophic Impairment in Ontario

Nobody wants to contemplate a catastrophic injury, but unfortunately thousands of Ontarians every year are seriously injured in this way.

From a personal injury standpoint, Catastrophic Injuries or Impairments are a special classification of injury that often result in substantially larger settlements due to the life altering health effects and impact they have on an individual’s ability to support him or herself in the future.

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SPECT Scan Accepted As Evidence in Trial

Recently, in Wabie v Wilson (2022 ONSC 4296) the Ontario Superior Court of Justice revisited the role played by SPECT scans in diagnosing Traumatic Brain Injuries (TBIs). SPECT (or Single Photon Emission Computerized Tomography) is a highly specialized form of diagnostic imaging that measures perfusion (the flow of blood) in the brain. As opposed to MRI or CT scans, which are used to view anatomy or structure, the 3D SPECT images show areas of decreased perfusion that highlight abnormalities in brain function.

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Accident Benefits Update – to Determine Whether the Applicant Had Sustained a Catastrophic Impairment

Applicant v. Toronto Transit Commission (2019 CanLII 101715) was a recent proceeding before the Licence Appeal Tribunal (LAT) to determine whether the unnamed Applicant had sustained a catastrophic impairment (catastrophic) as a result of injuries he sustained after being struck by a streetcar while crossing as a pedestrian.

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