Hyperlawhypertext legal database Permanent Impairment Regulation

61_2021 Permanent Impairment Regulation B.C.

· last amended 2025-05-01

Contents
s. 1 — Definitions for Act and regulation
s. 1(1)

For the purposes of section 113 of the Act and in this regulation, catastrophic injury means a catastrophic injury within the meaning of section 2 of this regulation.

s. 1(2)

In this regulation:

s. 1(2) — Act

Act means the Insurance (Vehicle) Act;

s. 1(2) — enhancement component

enhancement component means the component of a permanent impairment rating that is

s. 1(2)(a)

calculated and determined in accordance with section 6 [enhancement component for symmetrical body parts], and

s. 1(2)(b)

expressed as a percentage;

s. 1(2) — permanent impairment component

permanent impairment component means the component of a permanent impairment rating that is

s. 1(2)(a)

calculated and determined in accordance with section 5 [calculation of permanent impairment component], and

s. 1(2)(b)

expressed as a percentage;

s. 1(2) — permanent impairment rating

permanent impairment rating means the sum of the enhancement component and the permanent impairment component that is

s. 1(2)(a)

calculated and determined in accordance with section 4 [calculation of permanent impairment rating], and

s. 1(2)(b)

expressed as a percentage.

s. 2 — Meaning of "catastrophic injury"
s. 2(1)

In this section, if a provision refers to an injury resulting in a percentage, the percentage is calculated and determined

s. 2(1)(a)

by applying section 4 [calculation of permanent impairment rating] as if the percentage to be calculated and determined were the permanent impairment rating,

s. 2(1)(b)

excluding all injuries resulting from the accident except those injuries listed in the applicable provision of this section, and

s. 2(1)(c)

as if the injury listed in this section was a permanent impairment within the meaning of this regulation.

s. 2(2)

For the purposes of section 1 (1), an insured sustains a catastrophic injury if the insured sustains any of the following:

s. 2(2)(a)

quadriplegia or paraplegia that meets the criteria for classification as Grade A or B on the ASIA impairment scale and is determined to result in a percentage, using the method described in subsection (1), of 65% or more;

s. 2(2)(b)

two or more of the following amputations:

s. 2(2)(b)(i)

forequarter amputation of a shoulder and arm;

s. 2(2)(b)(ii)

shoulder disarticulation;

s. 2(2)(b)(iii)

above-elbow amputation of an arm, involving the proximal third of the humerus;

s. 2(2)(b)(iv)

above-elbow amputation of an arm, involving the middle or distal third of the humerus;

s. 2(2)(b)(v)

hemipelvectomy;

s. 2(2)(b)(vi)

hip disarticulation, involving the proximal 1/3 of the femur;

s. 2(2)(b)(vii)

proximal, mid-thigh or distal above-knee amputation of a leg;

s. 2(2)(c)

loss of vision that is determined to result in a percentage, using the method described in subsection (1), of 80% or more;

s. 2(2)(d)

a functional alteration of the brain of any of the following types or any combination of them that is determined to result in a percentage, using the method described in subsection (1), of 50% or more:

s. 2(2)(d)(i)

a communication disorder that

s. 2(2)(d)(i)(A)

results in the insured's complete inability to understand and use language,

s. 2(2)(d)(i)(B)

does not affect the insured's ability to understand linguistic symbols, but severely impairs the insured's ability to use sufficient or appropriate language,

s. 2(2)(d)(i)(C)

does not affect the insured's ability to understand linguistic symbols, but moderately impairs the insured's ability to use sufficient or appropriate language, or

s. 2(2)(d)(i)(D)

results in minor communication difficulties;

s. 2(2)(d)(ii)

an alteration of consciousness, including stupor, coma or another disorder or disturbance, and including adverse effects from medication, that prevents the person from performing the activities of daily living to such an extent that the insured requires continuous supervision in an institutional or controlled setting;

s. 2(2)(d)(iii)

an alteration of consciousness, including stupor, coma or another disorder or disturbance, and including adverse effects of medication, that

s. 2(2)(d)(iii)(A)

impairs the insured's ability to perform the activities of daily living to the extent that the insured requires periodic supervision in an institutional or controlled setting for 50% or more of the time,

s. 2(2)(d)(iii)(B)

impairs the insured's ability to perform the activities of daily living to the extent that the insured requires periodic supervision in an institutional or controlled setting for less than 50% of the time,

s. 2(2)(d)(iii)(C)

impairs the insured's ability to perform the activities of daily living to the extent that the insured requires supervision but not in an institutional or controlled setting, or

s. 2(2)(d)(iii)(D)

impairs the insured's ability to perform the activities of daily living but not to the extent that the insured requires supervision;

s. 2(2)(d)(iv)

an alteration of the higher cognitive or integrative mental functions, including adverse effects of medication, that

s. 2(2)(d)(iv)(A)

prevents the insured from performing the activities of daily living to the extent that the insured requires continuous supervision in an institutional or controlled setting,

s. 2(2)(d)(iv)(B)

impairs the insured's ability to perform the activities of daily living to the extent that the insured requires periodic supervision in an institutional or controlled setting for 50% or more of the time,

s. 2(2)(d)(iv)(C)

impairs the insured's ability to perform the activities of daily living to the extent that the insured requires periodic supervision in an institutional or controlled setting for less than 50% of the time,

s. 2(2)(d)(iv)(D)

impairs the insured's ability to perform the activities of daily living to the extent that the insured requires supervision but not in an institutional or controlled setting, or

s. 2(2)(d)(iv)(E)

impairs the insured's ability to perform the activities of daily living but not to the extent that the insured requires supervision;

s. 2(2)(e)

a psychiatric condition, syndrome or phenomenon, including adverse effects of medication, that

s. 2(2)(e)(i)

impairs the insured's ability to perform the activities of daily living, ability to function socially or sense of well-being, to the extent that the insured requires continuous supervision in an institutional or controlled setting, or periodic supervision in such a setting for 50% or more of the time, and

s. 2(2)(e)(ii)

is determined to result in a percentage, using the method described in subsection (1), of 70% or more;

s. 2(2)(f)

full-thickness burns resulting in consequential impairments, excluding scarring or disfigurement to all surface areas of the body other than the face, that are determined to result in a percentage, using the method described in subsection (1), of 75% or more;

s. 2(2)(g)

a combination of any of the following injuries that is determined to result in a percentage, using the method described in subsection (1), of 80% or more:

s. 2(2)(g)(i)

an amputation referred to in paragraph (b) of this subsection;

s. 2(2)(g)(ii)

one or more of the following amputations:

s. 2(2)(g)(ii)(A)

elbow disarticulation, including amputation of the proximal third of the forearm;

s. 2(2)(g)(ii)(B)

below-elbow amputation, involving the middle third of the forearm;

s. 2(2)(g)(ii)(C)

wrist disarticulation, involving the distal third of the forearm;

s. 2(2)(g)(ii)(D)

knee disarticulation, including proximal below-knee amputation, not suitable for a patellar tendon bearing prosthesis;

s. 2(2)(g)(ii)(E)

below-knee amputation suitable for a patellar tendon bearing prosthesis;

s. 2(2)(g)(iii)

quadriplegia or paraplegia that meets the criteria for classification as Grade C or D on the ASIA impairment scale with partial preservation of motor power, whether or not there is sensory preservation and whether the percentage under this subparagraph is the result of one or more permanent impairments;

s. 2(2)(g)(iv)

loss of vision that is determined to result in a percentage, using the method described in subsection (1), of 50% or more but less than 80%;

s. 2(2)(g)(v)

one or more of the following types of functional alteration of the brain that are determined to result in a percentage, using the method described in subsection (1), of 30% or more:

s. 2(2)(g)(v)(A)

inability to use both upper limbs for personal hygiene and self-care with evidence of both proximal and distal upper limb neurological dysfunction;

s. 2(2)(g)(v)(B)

inability to use one upper limb for personal hygiene and self-care with evidence of both proximal and distal upper limb neurological dysfunction;

s. 2(2)(g)(v)(C)

difficulty in using both upper limbs for personal hygiene and self-care with evidence of either proximal or distal upper limb neurological dysfunction bilaterally;

s. 2(2)(g)(v)(D)

difficulty in using one upper limb for personal hygiene and self-care with evidence of either proximal or distal upper limb neurological dysfunction;

s. 2(2)(g)(v)(E)

difficulty manipulating objects with impaired prehension confined to only one of the upper limbs, while still allowing independence in personal hygiene and self-care;

s. 2(2)(g)(v)(F)

difficulty manipulating objects with no impairment in prehension in either upper limb, while still allowing independence in personal hygiene and self-care;

s. 2(2)(g)(v)(G)

upper limb clumsiness, including tremor, dysmetria or dysdiadochokinesis, with impaired prehension confined to only one of the upper limbs, while still allowing independence in personal hygiene and self-care;

s. 2(2)(g)(v)(H)

upper limb clumsiness, including tremor, dysmetria or dysdiadochokinesis, with no impairment in prehension in either upper limb, while still allowing independence in personal hygiene and self-care;

s. 2(2)(g)(v)(I)

inability to stand or walk;

s. 2(2)(g)(v)(J)

ability to stand, but great difficulty or inability to walk;

s. 2(2)(g)(v)(K)

moderate difficulty in walking on irregular surfaces, stairways or uneven terrain;

s. 2(2)(g)(v)(L)

slight difficulty in walking;

s. 2(2)(g)(v)(M)

incontinence or urinary retention with complete loss of sphincter control;

s. 2(2)(g)(v)(N)

incontinence or urinary retention with partial loss of sphincter control;

s. 2(2)(g)(v)(O)

incontinence or urinary retention with dysfunction in the form of frequency or hesitancy;

s. 2(2)(g)(v)(P)

alteration of the bladder with or without enterocystoplasty;

s. 2(2)(g)(v)(Q)

a Class 1, 2 or 3 renal functional impairment;

s. 2(2)(g)(v)(R)

anorectal function with complete loss of control;

s. 2(2)(g)(v)(S)

anorectal function with limited control;

s. 2(2)(g)(v)(T)

a Class 1, 2 or 3 sexual dysfunction;

s. 2(2)(g)(v)(U)

one or more of the types of functional alteration of the brain referred to in paragraph (d) (i) (C) or (D), (d) (iii) (B) to (D) or (d) (iv) (C) to (E);

s. 2(2)(g)(vi)

a peripheral nervous system injury involving all 3 trunks of the brachial plexus, with complete motor and sensory impairment, or a peripheral nervous system injury of one or more of the following types involving the brachial plexus:

s. 2(2)(g)(vi)(A)

upper trunk, also known as Erb-Duchenne syndrome, with complete motor and sensory impairment;

s. 2(2)(g)(vi)(B)

middle trunk, with complete motor and sensory impairment;

s. 2(2)(g)(vi)(C)

lower trunk, also known as Klumpke-Déjerine syndrome, with complete motor and sensory impairment;

s. 2(2)(g)(vii)

a psychiatric condition, syndrome or phenomenon, including adverse effects of medication, that

s. 2(2)(g)(vii)(A)

impairs the insured's ability to perform the activities of daily living, ability to function socially or sense of well-being to the extent that the insured requires periodic supervision in an institutional or controlled setting for less than 50% of the time, and

s. 2(2)(g)(vii)(B)

is determined to result in a percentage, using the method described in subsection (1), of 35% or more,

s. 2(2)(g)(viii)

full-thickness burns resulting in consequential impairments, excluding scarring or disfigurement to all surface areas of the body other than the face, that are determined to result in a percentage, using the method described in subsection (1), of 40% or more.

s. 3 — Compensation for permanent impairment

The corporation must calculate and determine the permanent impairment compensation to which an insured is entitled under section 129 [permanent impairment compensation] of the Act by

s. 3(a)

determining if the insured has sustained a catastrophic injury in accordance with section 2,

s. 3(b)

determining the insured's permanent impairment rating in accordance with section 4, and

s. 3(c)

determining the compensation that corresponds to, as applicable,

s. 3(c)(i)

the catastrophic injury in accordance with section 8 [permanent impairment compensation calculation — catastrophic injury], or

s. 3(c)(ii)

the permanent impairment rating in accordance with section 9 [permanent impairment compensation calculation — non-catastrophic injury].

s. 4 — Calculation of permanent impairment rating

The permanent impairment rating is the sum of

s. 4(a)

the permanent impairment component calculated and determined in accordance with section 5, and

s. 4(b)

one of the following:

s. 4(b)(i)

the enhancement component calculated and determined in accordance with section 6 [enhancement component for symmetrical body parts];

s. 4(b)(ii)

if no enhancement component is applicable, 0.

s. 5 — Calculation of permanent impairment component
s. 5(1)

To determine an insured's permanent impairment component, the corporation must take the following steps in the following order:

s. 5(1)(a)

if the insured sustains a permanent impairment described in any of the following provisions, the corporation must calculate and determine the percentage that corresponds to the permanent impairment sustained by the insured in accordance with the Schedule:

s. 5(1)(a)(i)

a percentage in relation to section 13 [wrist and hand — amputation] of the Schedule must be calculated and determined in accordance with that section;

s. 5(1)(a)(ii)

a percentage in relation to Division 3 of Part 3 [throat and related structures] of the Schedule must be calculated and determined in accordance with section 100 [multiple impairments in Division added and multiplied by 0.7] of the Schedule;

s. 5(1)(a)(iii)

a percentage in relation to item 7 of section 106 [other impairments to vision] of the Schedule must be calculated and determined in accordance with section 107 of the Schedule;

s. 5(1)(a)(iv)

a percentage in relation to sections 149 to 152 [vestibulocochlear apparatus] of the Schedule must be calculated and determined in accordance with section 148 [formula to determine percentage for sections 149 to 152] of the Schedule;

s. 5(1)(b)

if the insured sustains a permanent impairment not calculated and determined in accordance with paragraph (a), the corporation must calculate and determine the percentage that corresponds to the permanent impairment sustained by the insured in accordance with the Schedule;

s. 5(1)(c)

if the insured sustains a permanent impairment that is not described in the Schedule, the corporation must calculate and determine a percentage for the permanent impairment using one or more permanent impairments described in the Schedule as a guide to establish a percentage for the permanent impairment not described in the Schedule.

s. 5(2)

If, under subsection (1), the corporation calculates and determines only one percentage in the Schedule is applicable to a permanent impairment sustained by the insured, the percentage corresponding to the permanent impairment is the permanent impairment component.

s. 5(3)

If an insured's permanent impairment component is determined by reference to more than one permanent impairment, the permanent impairment component must be determined using the following formula:

s. 5(4)

If any of the following result in a fraction of a percentage, the fraction must be rounded to the nearest whole percentage and if a percentage ends in .5 it must be rounded up to the nearest whole percentage:

s. 5(4)(a)

the percentage corresponding to a permanent impairment sustained by the insured;

s. 5(4)(b)

the percentage determined in accordance with subsection (3) as the C variable in each subsequent application of the formula;

s. 5(4)(c)

the permanent impairment component calculated and determined in accordance with paragraph (b) of variable C.

s. 6 — Enhancement component for symmetrical body parts
s. 6(1)

Subject to section 7, the enhancement component set out in subsection (2) is added to the permanent impairment component to determine the permanent impairment rating if an anatomicophysiological deficit resulting from the accident

s. 6(1)(a)

impairs symmetrical body parts, or

s. 6(1)(b)

impairs a body part that is symmetrical to a body part that was permanently impaired before the accident.

s. 6(2)

For the purposes of subsection (1), the enhancement component must be calculated using the following formula:

s. 6(3)

For the purposes of variable A in subsection (2), the percentage of an anatomicophysiological deficit that existed before an accident must be calculated and determined in accordance with section 5 as if the deficit resulted from the accident.

s. 7 — Exceptions to section 6

The enhancement component determined in accordance with section 6 does not apply to any of the following anatomicophysiological deficits:

s. 7(a)

a deficit that affects an internal organ;

s. 7(b)

a deficit that affects an organ controlling vision, balance or hearing;

s. 7(c)

a deficit that results from an injury to the central nervous system;

s. 7(d)

a deficit that affects the teeth.

s. 8 — Permanent impairment compensation calculation — catastrophic injury

If the insured sustains a catastrophic injury, the permanent impairment compensation is $264 430.

s. 9 — Permanent impairment compensation calculation — non-catastrophic injury
s. 9(1)

Subject to subsection (2), the compensation for an insured's permanent impairment that is not a catastrophic injury must be calculated and determined using the following formula:

s. 9(2)

Despite subsection (1), if the permanent impairment compensation determined in accordance with subsection (1) is more than $0, the minimum compensation in relation to a permanent impairment is $836.

s. 10 — Compensation determined at time of accident
s. 10(1)

For the purposes of this section, permanent in relation to an impairment, means

s. 10(1)(a)

following a period of time sufficient for optimal tissue repair, the impairment

s. 10(1)(a)(i)

has become static, or

s. 10(1)(a)(ii)

has stabilized, and

s. 10(1)(b)

the impairment is unlikely to change significantly with further therapy.

s. 10(2)

The corporation must not pay the compensation under section 8 or 9 until the impairment is permanent.

s. 10(3)

The corporation must calculate and determine the compensation under section 8 or 9 as of the date of the accident.

Schedule

Schedule

s. 1 — Definition for Schedule

In this Schedule, non-specified abnormal healing means an anatomic abnormality at the end of the expected healing process that is not described elsewhere in the Schedule and includes the following:

s. 1(a)

a change in angulation of the fracture fragment;

s. 1(b)

rotational abnormalities;

s. 1(c)

shortening.

1

Musculoskeletal System

s. 2 — Application regarding amputation

In the case of an amputation described in this Part, any other permanent impairment described in this Part to the amputated body part is not included in the calculation of the permanent impairment component.

1

Upper Limb

s. 3 — Shoulder and arm — amputation

If the insured sustains a shoulder or arm amputation, the percentage in column 2 corresponds to the insured's amputation described opposite in column 1.

s. 4 — Shoulder, sternum, clavicle, rib and arm fracture and rib removal
s. 4(1)

If the insured sustains a sternum, clavicle, scapula, arm or rib fracture or rib removal, the percentage in column 2 corresponds to the insured's fracture or removal described opposite in column 1.

s. 4(2)

In respect of item 2, a rib fracture must be documented by an imaging study.

s. 5 — Shoulder and arm — non-bony disruption
s. 5(1)

If the insured sustains a permanent shoulder or arm non-bony disruption, the percentage in column 2 corresponds to the insured's disruption described opposite in column 1.

s. 5(2)

If the insured sustains a disruption described in item 2, no percentage may be added that corresponds to disruption described in item 1.

s. 6 — Shoulder and arm — ligamentous and other soft tissue disruption
s. 6(1)

If the insured sustains a permanent shoulder or arm ligamentous or other soft tissue disruption, the percentage in column 2 corresponds to the insured's ligamentous or other soft tissue disruption described opposite in column 1.

s. 6(2)

In respect of items 2 and 3, confirmation must be provided by plane radiography.

s. 6(3)

If a disruption described in item 3 includes a Bankart lesion, Hill-Sachs deformity or labral tear, 1% is added to the percentage in column 2.

s. 7 — Shoulder and arm — range of motion loss of shoulder joint complex

If the insured sustains a permanent range of motion loss of the shoulder joint complex, the percentage in column 2 corresponds to the insured's range of motion loss described opposite in column 1.

s. 8 — Elbow and forearm — amputation

If the insured sustains an elbow or forearm amputation, the percentage in column 2 corresponds to the insured's amputation described opposite in column 1.

s. 9 — Elbow and forearm — fracture

If the insured sustains an elbow or forearm fracture, the percentage in column 2 corresponds to the insured's fracture described opposite in column 1.

s. 10 — Elbow and forearm — non-bony disruption

If the insured sustains a permanent elbow or forearm non-bony disruption, the percentage in column 2 corresponds to the insured's non-bony disruption described opposite in column 1.

s. 11 — Elbow and forearm — ligamentous and other soft tissue disruption

If the insured sustains a permanent elbow or forearm ligamentous or other soft tissue disruption, the percentage in column 2 corresponds to the insured's ligamentous or other soft tissue disruption described opposite in column 1.

s. 12 — Elbow and forearm — range of motion loss

If the insured sustains a permanent range of motion loss of an elbow, the percentage in column 2 corresponds to the insured's range of motion loss described opposite in column 1.

s. 13 — Wrist and hand — amputation
s. 13(1)

If the insured sustains one amputation in relation to a wrist or hand, the percentage in column 2 corresponds to the insured's amputation described opposite in column 1.

s. 13(2)

If the insured sustains more than one amputation in relation to a wrist or hand, the percentage in respect of this section must be determined using the following formula:

s. 13(4)

If any of the following result in a fraction of a percentage, the fraction must be rounded to the nearest whole percentage and if a percentage ends in .5 it must be rounded up to the nearest whole percentage:

s. 13(a)

the percentage corresponding to an amputation sustained by the insured;

s. 13(b)

the percentage determined in accordance with subsection (3) as the C variable in each subsequent application of the formula;

s. 13(c)

the total percentage for this section calculated and determined in accordance with paragraph (b) of variable C.

s. 14 — Wrist and hand — fracture

If the insured sustains a wrist or hand fracture, the percentage in column 2 corresponds to the insured's fracture described opposite in column 1.

s. 15 — Wrist and hand — non-bony disruption

If the insured sustains a permanent wrist or hand non-bony disruption, the percentage in column 2 corresponds to the insured's non-bony disruption described opposite in column 1.

s. 16 — Wrist and hand — ligamentous and other soft tissue disruption
s. 16(1)

If the insured sustains a permanent wrist or hand ligamentous or other soft tissue disruption, the percentage in column 2 corresponds to the insured's ligamentous or other soft tissue disruption described opposite in column 1.

s. 16(2)

For the purposes of item 1, the carpal instability must be determined by radiological appearance, including carpal height, carpal translation and degree of joint arthrosis.

s. 17 — Wrist — range of motion loss

If the insured sustains permanent range of motion loss of a wrist, the percentage in column 2 corresponds to the insured's range of motion loss described in column 1.

s. 18 — Hand — range of motion loss

If the insured sustains permanent range of motion loss of a hand, the percentage in column 2 corresponds to the insured's range of motion loss described opposite in column 1.

2

Lower Limb

s. 19 — Pelvis — amputation

If the insured sustains a pelvic amputation, the percentage in column 2 corresponds to the insured's amputation described opposite in column 1.

s. 20 — Pelvis — fracture and loss of motion

If the insured sustains pelvic fracture or permanent loss of motion, the percentage in column 2 corresponds to the insured's fracture or loss of motion described opposite in column 1.

s. 21 — Hip and thigh — amputation

If the insured sustains a hip or thigh amputation, the percentage in column 2 corresponds to the insured's amputation described opposite in column 1.

s. 22 — Hip and thigh — fracture

If the insured sustains a hip or thigh fracture, the percentage in column 2 corresponds to the insured's fracture described opposite in column 1.

s. 23 — Hip and thigh — non-bony disruption

If the insured sustains a permanent hip or thigh non-bony disruption, the percentage in column 2 corresponds to the insured's non-bony disruption described opposite in column 1.

s. 24 — Hip — range of motion loss

If the insured sustains permanent range of motion loss of a hip, the percentage in column 2 corresponds to the insured's range of motion loss described opposite in column 1.

s. 25 — Thigh — muscular atrophy

If the insured sustains permanent thigh muscular atrophy, the percentage in column 2 corresponds to the insured's muscular atrophy described opposite in column 1.

s. 26 — Knee and leg — amputation

If the insured sustains a knee or leg amputation, the percentage in column 2 corresponds to the insured's amputation described opposite in column 1.

s. 27 — Knee and leg — fracture and fracture complication
s. 27(1)

If the insured sustains a knee or leg fracture or fracture complication, the percentage in column 2 corresponds to the insured's fracture or fracture complication described opposite in column 1.

s. 27(2)

For certainty,

s. 27(2)(a)

the impairment described in item 1 includes any weakness, and

s. 27(2)(b)

the impairment described in item 2 includes any limb shortening or weakness.

s. 28 — Knee and leg — non-bony disruption

If the insured sustains a permanent knee or leg non-bony disruption, the percentage in column 2 corresponds to the insured's disruption described opposite in column 1.

s. 29 — Knee and leg — ligamentous and other soft tissue disruption
s. 29(1)

If the insured sustains a permanent knee or leg ligamentous or other soft tissue disruption, the percentage in column 2 corresponds to the insured's ligamentous or other soft tissue disruption described opposite in column 1.

s. 29(2)

In respect of item 5, a chondral injury must be confirmed by magnetic resonance imaging or arthroscopy.

s. 30 — Knee — range of motion loss
s. 30(1)

In this section, neutral position means a knee straight position.

s. 30(2)

If the insured sustains permanent range of motion loss of a knee, the percentage in column 2 corresponds to the insured's range of motion loss described opposite in column 1.

s. 31 — Lower leg — muscular atrophy

If the insured sustains permanent lower leg muscular atrophy, the percentage in column 2 corresponds to the insured's atrophy described opposite in column 1.

s. 32 — Ankle and foot — amputation

If the insured sustains an ankle or foot amputation, the percentage in column 2 corresponds to the insured's amputation described opposite in column 1.

s. 33 — Ankle and foot — fracture and fracture complication

If the insured sustains an ankle or toe fracture or fracture complication, the percentage in column 2 corresponds to the insured's fracture or fracture complication described opposite in column 1.

s. 34 — Ankle and foot — non-bony disruption

If the insured sustains a permanent ankle or foot non-bony disruption, the percentage in column 2 corresponds to the insured's non-bony disruption described opposite in column 1.

s. 35 — Ankle and foot — ligamentous disruption

If the insured sustains permanent ankle or foot ligamentous disruption, the percentage in column 2 corresponds to the insured's ligamentous disruption described opposite in column 1.

s. 36 — Ankle and foot — range of motion loss

If the insured sustains permanent range of motion loss of an ankle or foot, the percentage in column 2 corresponds to the insured's range of motion loss described opposite in column 1.

3

Spine

s. 37 — Interpretation for Division
s. 37(1)

In this Division, bony fusion includes using an internal fixation device or bone graft material.

s. 37(2)

For the purposes of items 3, 8 to 10 and 12 in section 38, items 1, 2, 4 and 5 of section 39 [thoracic spine], items 1, 2, 4 and 5 of section 40 [lumbar spine] and items 2 and 4 of section 41 [other spinal impairment], the following is the minimum slippage:

s. 37(a)

in relation to the cervical vertebrae C3 to C7, 3.5 mm;

s. 37(b)

in relation to the thoracic vertebra T1 to the lumbar vertebra L4, 5 mm;

s. 37(c)

in relation to the lumbar vertebra L5 to the sacral vertebra S1, 5 mm.

s. 38 — Cervical spine
s. 38(1)

If the insured sustains a permanent cervical spine impairment, the percentage in column 2 corresponds to the insured's cervical spine impairment described opposite in column 1.

s. 38(2)

For the purpose of item 5, impairment of the active range of motion of the atlanto-axial joint must be documented by the inclinometer method.

s. 38(3)

For the purpose of item 6, instability must be documented by evidence of excessive motion on flexion-extension views.

s. 38(4)

For the purpose of item 8, instability must be documented by radiographic instability on flexion-extension views.

s. 39 — Thoracic spine

If the insured sustains a permanent thoracic spine impairment, the percentage in column 2 corresponds to the insured's thoracic spine impairment described opposite in column 1.

s. 40 — Lumbar spine

If the insured sustains a permanent lumbar spine impairment, the percentage in column 2 corresponds to the insured's lumbar spine impairment described opposite in column 1.

s. 41 — Other spinal impairment

If the insured sustains a permanent spinal impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

2

Central and Peripheral Nervous System

s. 42 — Definitions for Part

In this Part:

s. 42 — authorized health care provider

authorized health care provider means authorized health care provider as defined in section 1 (1) of the Enhanced Accident Benefits Regulation;

s. 42 — autonomic dysreflexia

autonomic dysreflexia means an alteration of autonomic reflexes associated with quadriplegia or paraplegia above the T6 level that can result in sudden and sustained elevation of blood pressure;

s. 42 — paraplegia

paraplegia means a neurological injury that

s. 42(a)

affects the trunk and lower limbs, but does not affect the upper limbs and head, and

s. 42(b)

manifests with alterations in motor power and control and sensory loss below the level of injury;

s. 42 — quadriplegia

quadriplegia means a neurological injury that

s. 42(a)

affects upper and lower limbs, and

s. 42(b)

manifests with alterations in motor power and control and sensory loss below the level of injury.

1

Skull, Brain and Carotid Vessels

s. 43 — Alteration of brain tissue — cerebral concussion and contusion
s. 43(1)

If the insured sustains a cerebral concussion or contusion, the percentage in column 2 corresponds to the insured's cerebral concussion or contusion described opposite in column 1.

s. 43(2)

The signs and symptoms of a cerebral concussion or contusion described in column 1 must be

s. 43(2)(a)

observed at the time of the accident or immediately following the accident, and

s. 43(2)(b)

documented by an authorized health care provider within 48 hours of the accident, unless the insured has a reasonable excuse not to obtain medical attention within 48 hours of the accident.

s. 43(3)

A cerebral concussion or contusion must be diagnosed by an authorized health care provider.

s. 44 — Alteration of brain tissue — post-traumatic alteration of tissue

If the insured sustains a permanent post-traumatic alteration of brain tissue, the percentage in column 2 corresponds to the insured's alteration described opposite in column 1.

s. 45 — Alteration of skull — post-traumatic bony alteration

If the insured sustains a permanent post-traumatic bony alteration of the skull, the percentage in column 2 corresponds to the insured's alteration described opposite in column 1.

s. 46 — Alteration of skull — bony deformity following depressed fracture of calvarium

If the insured sustains a permanent bony deformity of the skull following a depressed fracture of the calvarium, the percentage in column 2 corresponds to the insured's deformity described opposite in column 1.

s. 47 — Alteration of cerebrovascular supply

If the insured sustains a permanent alteration of cerebrovascular supply, the percentage in column 2 corresponds to the insured's alteration described opposite in column 1.

s. 48 — Functional alteration of brain — upper limb function

If the insured sustains a permanent functional alteration of the brain that affects upper limb function, the percentage in column 2 corresponds to the insured's alteration described opposite in column 1.

s. 49 — Functional alteration of brain — effect on station and gait

If the insured sustains a permanent functional alteration of the brain that affects station and gait, the percentage in column 2 corresponds to the effect on the insured's station or gait described opposite in column 1.

s. 50 — Functional alteration of brain — effect on bladder function

If the insured sustains a permanent functional alteration of the brain that affects bladder function, the percentage in column 2 corresponds to the effect on the insured's bladder function described opposite in column 1.

s. 51 — Functional alteration of brain — effect on anorectal function

If the insured sustains a permanent functional alteration of the brain that affects anorectal function, the percentage in column 2 corresponds to the effect on the insured's anorectal function described opposite in column 1.

s. 52 — Functional alteration of brain — sexual dysfunction

If the insured sustains a permanent functional alteration of the brain that results in sexual dysfunction, the percentage in column 2 corresponds to the insured's sexual dysfunction described opposite in column 1.

s. 53 — Functional alteration of brain — communication disorder

If the insured sustains a permanent functional alteration of the brain that results in a communication disorder, the percentage in column 2 corresponds to the insured's communication disorder described opposite in column 1.

s. 54 — Functional alteration of brain — alteration of consciousness
s. 54(1)

In this section alteration of consciousness includes adverse effects from medication.

s. 54(2)

If the insured sustains a permanent functional alteration of the brain that relates to an alteration of consciousness, the percentage in column 2 corresponds to the insured's alteration of consciousness described opposite in column 1.

s. 55 — Functional alteration of brain — alteration of higher cognitive and integrative mental functions
s. 55(1)

In this section, higher cognitive or integrative mental functions includes organic cerebral syndrome, dementia and neurologic deficiencies and adverse effects of medication.

s. 55(2)

If the insured sustains a permanent functional alteration of the brain that results in an alteration of higher cognitive or integrative mental functions, the percentage in column 2 corresponds to the insured's alteration of higher cognitive or integrative mental functions described opposite in column 1.

2

Spinal Cord

s. 56 — Interpretation for Division

In this Division, ASIA impairment scale means the International Standards for Neurological Classification of Spinal Cord Injury, as amended from time to time, of the American Spinal Injury Association.

s. 57 — Quadriplegia or paraplegia — ASIA Grades A and B
s. 57(1)

If the insured sustains quadriplegia or paraplegia that meets the criteria for classification as Grade A on the ASIA impairment scale, the percentage in column 2 corresponds to the insured's quadriplegia or paraplegia described opposite in column 1.

s. 57(2)

If the insured sustains quadriplegia or paraplegia that meets the criteria for classification as Grade B on the ASIA impairment scale, the percentage in column 3 corresponds to the insured's quadriplegia or paraplegia described opposite in column 1.

s. 58 — Quadriplegia or paraplegia — ASIA Grades C and D — upper limb function

If the insured sustains quadriplegia or paraplegia that the percentage in column 2 corresponds to the insured's upper limb function described opposite in column 1.

s. 58(a)

relates to upper limb function, and

s. 58(b)

meets the criteria for classification as Grade C or D on the ASIA impairment scale,

s. 59 — Quadriplegia or paraplegia — ASIA Grades C and D — effect on station and gait

If the insured sustains quadriplegia or paraplegia that the percentage in column 2 corresponds to the insured's station or gait described opposite in column 1.

s. 59(a)

affects the insured's station or gait, and

s. 59(b)

meets the criteria for classification as Grade C or D on the ASIA impairment scale,

s. 60 — Quadriplegia or paraplegia — ASIA Grades C and D — effect on bladder function

If the insured sustains quadriplegia or paraplegia that the percentage in column 2 corresponds to the insured's bladder function described opposite in column 1.

s. 60(a)

affects the insured's bladder function, and

s. 60(b)

meets the criteria for classification as Grade C or D on the ASIA impairment scale,

s. 61 — Quadriplegia or paraplegia — ASIA Grades C and D — effect on anorectal function

If the insured sustains quadriplegia or paraplegia that the percentage in column 2 corresponds to the insured's anorectal function described opposite in column 1.

s. 61(a)

affects the insured's anorectal function, and

s. 61(b)

meets the criteria for classification as Grade C or D on the ASIA impairment scale,

s. 62 — Quadriplegia or paraplegia — ASIA Grades C and D — sexual dysfunction

If the insured sustains quadriplegia or paraplegia that the percentage in column 2 corresponds to the insured's sexual dysfunction described opposite in column 1.

s. 62(a)

results in sexual dysfunction, and

s. 62(b)

meets the criteria for classification as Grade C or D on the ASIA impairment scale,

s. 63 — Quadriplegia or paraplegia — ASIA Grades C and D — autonomic dysreflexia

If the insured sustains quadriplegia or paraplegia that the percentage in column 2 corresponds to the insured's autonomic dysreflexia described opposite in column 1.

s. 63(a)

results in autonomic dysreflexia, and

s. 63(b)

meets the criteria for classification as Grade C or D on the ASIA impairment scale,

3

Cranial Nerves

s. 64 — Olfactory nerves — loss and distortion of smell

If the insured sustains a permanent loss or distortion of smell, the percentage in column 2 corresponds to the insured's loss or distortion of smell described opposite in column 1.

s. 65 — Oculomotor nerve and eye parasympathetic input

If the insured sustains permanent impairment in relation to the oculomotor nerve or the eye parasympathetic input, the percentage in column 2 corresponds to the insured's oculomotor nerve or eye parasympathetic input impairment described opposite in column 1.

s. 66 — Trigeminal nerves

If the insured sustains a permanent trigeminal nerve impairment, the percentage in column 2 corresponds to the insured's trigeminal nerve impairment described opposite in column 1.

s. 67 — Facial nerve
s. 67(1)

If the insured sustains a permanent facial nerve impairment, the percentage in column 2 corresponds to the insured's facial nerve impairment described opposite in column 1.

s. 67(2)

In the case of facial weakness under item 2,

s. 67(2)(a)

if the facial weakness results in difficulty eating, 2% is added to the percentage in column 2, and

s. 67(2)(b)

if the facial weakness results in difficulty speaking, 2% is added to the percentage in column 2.

s. 67(3)

In the case of loss of taste under item 8,

s. 67(3)(a)

if the loss of taste includes a distortion of taste that is unpleasant but not distracting, 1% is added to the percentage in the corresponding column 2,

s. 67(3)(b)

if the loss of taste includes a distortion of taste that is unpleasant and occasionally interferes with the activities of daily living, 2% is added to the percentage in the corresponding column 2, and

s. 67(3)(c)

if the loss of taste includes a distortion of taste that is unpleasant and constantly interferes with the activities of daily living, 4% is added to the percentage in the corresponding column 2.

s. 68 — Auditory nerve tinnitus
s. 68(1)

If the insured sustains a permanent auditory nerve impairment resulting in tinnitus, the percentage in column 2 corresponds to the insured's tinnitus described opposite in column 1.

s. 68(2)

For certainty, the percentage in column 2 applies if the tinnitus is unilateral or bilateral.

s. 69 — Glossopharyngeal, vagal and hypoglossal impairment

If the insured sustains a permanent glossopharyngeal, vagal or hypoglossal impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 70 — Spinal accessory impairment

If the insured sustains a permanent spinal accessory impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

4

Peripheral Nervous System

s. 71 — Classification of motor impairment

The classification of a motor impairment in sections 72, 73 [motor impairment — peripheral roots — head and neck] and 74 [motor impairment — peripheral roots — upper limb] must be determined in accordance with the following grades:

s. 71(a)

grade 5 impairment as evidenced by no loss of motor function and the absence of weakness;

s. 71(b)

grade 4 impairment as evidenced by weakness against strong resistance, including any muscle atrophy;

s. 71(c)

grade 3 impairment as evidenced by weakness against minor resistance, with full range of motion against gravity, including any muscular atrophy;

s. 71(d)

grade 2 impairment as evidenced by weakness with full range of motion with gravity eliminated, including any muscular atrophy;

s. 71(e)

grade 1 impairment as evidenced by weakness with less than full range of motion, even with gravity eliminated, including muscular atrophy;

s. 71(f)

grade 0 as evidenced by complete paralysis, including muscular atrophy.

s. 72 — Motor impairment — nerve roots

If the insured sustains a permanent nerve root impairment, the percentage in column 2, 3, 4, 5, 6 or 7, determined in accordance with section 71, corresponds to the insured's impaired structure described opposite in column 1.

s. 73 — Motor impairment — peripheral roots — head and neck

If the insured sustains a permanent peripheral root motor impairment in relation to the head or neck, the percentage in column 2, 3, 4, 5, 6 or 7, determined in accordance with section 71 [classification of motor impairment], corresponds to the insured's impaired structure described opposite in column 1.

s. 74 — Motor impairment — peripheral roots — upper limb

If the insured sustains a permanent peripheral root motor impairment in relation to an upper limb, the percentage in column 2, 3, 4, 5, 6 or 7, determined in accordance with section 71 [classification of motor impairment], corresponds to the insured's impaired structure described opposite in column 1.

s. 75 — Motor impairment — peripheral roots — lower limb — thigh, leg and foot

If the insured sustains a permanent peripheral root motor impairment in relation to a thigh, leg or foot, the percentage in column 2, 3, 4, 5, 6 or 7, determined in accordance with section 71 [classification of motor impairment], corresponds to the insured's impaired structure described opposite in column 1.

s. 76 — Classification of sensory impairment

The classification of permanent sensory impairment in sections 77 to 81 [sensory impairment — nerve roots and peripheral roots] must be determined in accordance with the following grades:

s. 76(a)

grade 1 as evidenced by no sensory impairment;

s. 76(b)

grade 2 as evidenced by hypesthesia, including dysesthesia, paresthesia and hyperesthesia;

s. 76(c)

grade 3 as evidenced by anesthesia including pain.

s. 77 — Sensory impairment — nerve roots

If the insured sustains a permanent sensory impairment in relation to the nerve roots, the percentage in column 2, 3 or 4, determined in accordance with section 76, corresponds to the insured's impaired structure described opposite in column 1.

s. 78 — Sensory impairment — peripheral roots — head and neck

If the insured sustains a permanent peripheral root sensory impairment in relation to the head or neck, the percentage in column 2, 3 or 4, determined in accordance with section 76 [classification of sensory impairment], corresponds to the insured's impaired structure described opposite in column 1.

s. 79 — Sensory impairment — peripheral roots — upper limb

If the insured sustains a permanent peripheral root sensory impairment in relation to an upper limb, the percentage in column 2, 3 or 4, determined in accordance with section 76 [classification of sensory impairment], corresponds to the insured's impaired structure described opposite in column 1.

s. 80 — Sensory impairment — peripheral roots — lower limb — inguinal region

If the insured sustains a permanent peripheral root sensory impairment in relation to the lower limb inguinal region, the percentage in column 2, 3 or 4, determined in accordance with section 76 [classification of sensory impairment], corresponds to the insured's impaired structure described opposite in column 1.

s. 81 — Sensory impairment — peripheral roots — lower limb — thigh, leg and foot

If the insured sustains a permanent peripheral root sensory impairment in relation to a thigh, leg or foot, the percentage in column 2, 3 or 4, determined in accordance with section 76 [classification of sensory impairment], corresponds to the insured's impaired structure described opposite in column 1.

s. 82 — Sensory loss

If the insured sustains permanent sensory loss in relation to a sensory impairment described in sections 77 to 80 [sensory impairment — nerve root and peripheral root sensory loss], the percentage in column 2 corresponds to the insured's class of sensory loss described opposite in column 1.

s. 83 — Brachial plexus impairment

If the insured sustains a permanent brachial plexus impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 84 — Lumbosacral plexus impairment

If the insured sustains a permanent lumbosacral plexus impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

3

Maxillofacial System

1

Temporomandibular Joint (TMJ), Maxilla, Mandible and Teeth

s. 85 — Temporomandibular joint (TMJ) — range of motion loss

If the insured sustains a permanent temporomandibular joint range of motion loss, the percentage in column 2 corresponds to the insured's range of motion loss described opposite in column 1.

s. 86 — Temporomandibular joint (TMJ) — other dysfunction

If the insured sustains a permanent other dysfunction in relation to the temporomandibular joint, the percentage in column 2 corresponds to the insured's dysfunction described opposite in column 1.

s. 87 — Maxilla

If the insured sustains a permanent maxilla impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 88 — Mandible

If the insured sustains a permanent mandible impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 89 — Teeth — alteration and loss
s. 89(1)

In this section, damage means alteration or loss of a tooth.

s. 89(2)

If the insured sustains tooth damage and

s. 89(2)(a)

the damaged tooth was healthy before the accident, the percentage in column 2 corresponds to the insured's damaged tooth described opposite in column 1, or

s. 89(2)(b)

the damaged tooth was unhealthy before the accident, the percentage in column 3 corresponds to the insured's damaged tooth described opposite in column 1.

2

Fronto-Orbito-Nasal Area

s. 90 — Orbit — impairment of orbital wall causing displacement of eye

If the insured sustains a permanent impairment of the orbital wall causing displacement of an eye, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 91 — Orbit — disruption of medial and lateral canthus

If the insured sustains a permanent disruption of the medial or lateral canthus, the percentage in column 2 corresponds to the insured's disruption described opposite in column 1.

s. 92 — Orbit — disruption of lacrimal apparatus

If the insured sustains a permanent disruption of the lacrimal apparatus, the percentage in column 2 corresponds to the insured's disruption described opposite in column 1.

s. 93 — Orbit — malar bone and zygoma

If the insured sustains a permanent malar bone or zygoma impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 94 — Nasal — airflow obstruction

If the insured sustains permanent airflow obstruction, the percentage in column 2 corresponds to the insured's obstruction described opposite in column 1.

s. 95 — Nasal — mucosal dysfunction

If the insured sustains permanent mucosal dysfunction, the percentage in column 2 corresponds to the insured's dysfunction described opposite in column 1.

s. 96 — Nasal — septal perforation

If the insured sustains permanent septal perforation, the percentage in column 2 corresponds to the insured's perforation described opposite in column 1.

s. 97 — Nasal — paranasal sinus

If the insured sustains a permanent paranasal sinus impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 98 — Salivary gland

If the insured sustains a permanent salivary gland impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 99 — Tongue — anatomic loss and alteration

If the insured sustains an anatomical loss or alteration of the tongue, the percentage in column 2 corresponds to the insured's loss or alteration described opposite in column 1.

3

Throat and Related Structures

s. 100 — Calculation and determination of multiple impairments in Division

If the insured sustains multiple permanent impairments in this Division, the following steps apply in the following order to determine the applicable percentage for the Division:

s. 100(a)

add the percentages that correspond to the insured's impairments, as set out in the tables in this Division;

s. 100(b)

multiply the total determined in accordance with paragraph (a) by 0.7.

s. 101 — Air passage deficits — upper airway
s. 101(1)

If the insured sustains a permanent air passage deficit in relation to the upper airway, the percentage in column 2 corresponds to the insured's deficit described opposite in column 1.

s. 101(2)

In respect of item 1, the insured is not excluded from Class 1 if the insured preventatively avoids strenuous competitive sport.

s. 102 — Mastication and deglutition

If the insured sustains a permanent impairment related to mastication or deglutition, the percentage in column 2 corresponds to the insured's dietary restriction described opposite in column 1.

s. 103 — Loss of taste

If the insured sustains a permanent loss of taste, the percentage in column 2 corresponds to the insured's loss of taste described opposite in column 1.

s. 104 — Speech impairment
s. 104(1)

If an insured sustains a permanent speech impairment, the percentage in column 5 corresponds to the class of the speech impairment determined in accordance with subsection (2).

s. 104(2)

The insured's class of speech impairment is determined as follows:

s. 104(2)(a)

in the case of an insured sustaining an impairment described by one criterion in column 2, column 3 or column 4, the class in column 1 that is opposite to the criterion sustained by the insured is the applicable class of speech impairment;

s. 104(2)(b)

in the case of an insured sustaining an impairment described by more than one criterion in column 2, column 3 or column 4, the class in column 1 that is opposite to the most severe criteria sustained by the insured is the applicable class of speech impairment.

4

Vision

s. 105 — Definitions for Part

In this Part:

s. 105 — aphakia

aphakia means absence of the lens of an eye, occurring congenitally or as a result of trauma or surgery;

s. 105 — pseudophakia

pseudophakia means replacement of a naturally occurring lens of an eye with an artificial lens.

s. 106 — Vision loss

If the insured sustains permanent vision loss, the percentage in column 2 corresponds to the insured's loss described opposite in column 1.

s. 107 — Calculation and determination of percentage for other impairments to vision
s. 107(1)

The percentage that corresponds to a deficit for the entire visual system is the difference between the percentage of visual efficiency of binocular vision represented in variable C in subsection (2) and 100%.

s. 107(2)

If the insured sustains a permanent loss of visual efficiency, the percentage of efficiency of binocular vision is determined by the following formula:

s. 107(3)

For the purposes of variables A and B in the formula set out in subsection (2), the visual efficiency of each eye is determined in accordance with the following formula:

s. 108 — Central visual acuity — testing methods
s. 108(1)

Central visual acuity must be measured in accordance with the following specifications:

s. 108(1)(a)

a measurement must be taken for near vision

s. 108(1)(a)(i)

without correction, and

s. 108(1)(a)(ii)

with the best spectacle correction or with the best contact lens correction, if contact lenses are usually worn;

s. 108(1)(b)

a measurement must be taken for distance vision

s. 108(1)(b)(i)

without correction, and

s. 108(1)(b)(ii)

with the best spectacle correction or with the best contact lens correction, if contact lenses are usually worn.

s. 108(2)

For the purposes of near vision testing,

s. 108(a)

near vision must be tested at 40 cm,

s. 108(b)

illumination must be diffused onto the test card at a minimum illumination level of 500 lux and no more than 600 lux, and

s. 108(c)

one of the following charts must be used:

s. 108(c)(i)

Snellen test chart with non-serif block letters or numbers;

s. 108(c)(ii)

Sloan Reading Cards;

s. 108(c)(iii)

Baily-Lovie Word Reading Charts;

s. 108(c)(iv)

MNREAD Charts.

s. 108(3)

For the purposes of distance vision testing,

s. 108(a)

distance vision must be tested to simulate infinity at 6 m or no less than 4 m, and

s. 108(b)

one of the following charts must be used:

s. 108(b)(i)

Snellen test chart with non-serif block letters or numbers;

s. 108(b)(ii)

E chart;

s. 108(b)(iii)

Landott's broken-ring chart.

s. 109 — Central visual acuity — percentage for variable D
s. 109(1)

For the purpose of variable D in section 107, the insured's percentage of central visual acuity, without allowance for monocular pseudophakia and tested in accordance with section 108, is the percentage at the intersection of

s. 109(1)(i)

the Snellen rating for near vision on the horizontal axis, and

s. 109(1)(ii)

the Snellen rating for distance vision on the vertical axis.

s. 109(2)

For the purpose of variable D in section 107, the insured's percentage of central visual acuity, with allowance for monocular pseudophakia or monocular aphaskia and tested in accordance with section 108, is the percentage at the intersection of

s. 109(2)(i)

the Snellen rating for near vision on the horizontal axis, and

s. 109(2)(ii)

the Snellen rating for distance vision on the vertical axis.

s. 110 — Visual field — testing methods
s. 110(1)

For the purpose of testing the extent of the visual field, one of the following standard perimetry set out in column 1 must be used in accordance with column 2 or column 3 opposite it, as applicable.

s. 110(2)

In the case of a binocular field test, the Esterman 120 binocular field test must be used.

s. 110(3)

For certainty, the results of this section may be transferred to the chart in section 114 [ocular motility].

s. 111 — Vision meridians
s. 111(1)

For certainty, the extent of the normal visual fields for the eight principal meridians are set out in the table.

s. 111(2)

Any scotomata within the field must be subtracted from the maximum number of degrees for that meridian.

s. 111(3)

For the purposes of section 112,

s. 111(a)

an additional 5% must be included for an inferior quadrantic loss, and

s. 111(b)

an additional 10% must be included for an inferior hemianopic loss.

s. 111(4)

In the case of a normal result for an automated central field test, a full field test does not need to be tested, unless there is evidence that suggests that the results of the automated central field test are not representative of the entire field.

s. 112 — Deficit in visual field — percentage for variable E
s. 112(1)

The percentage representing the insured's permanent deficit in visual field in column 3 corresponds to

s. 112(1)(a)

the insured's degrees of visual field lost, tested in accordance with section 110 [visual field — testing methods], in column 1 opposite column 3, and

s. 112(1)(b)

the insured's degrees of visual field retained, tested in accordance with section 110, in column 2 opposite column 3.

s. 112(2)

If the central visual field is impaired, the percentage of deficit is that of the concomitant loss of visual acuity.

s. 112(3)

If the visual acuity is normal, the percentage of deficit is calculated on the basis of the degrees lost. Table: Deficit of visual field

s. 113 — Ocular motility — testing

Diagram: Field of binocular single vision for an uninjured eye illustrated

s. 113(1)

To determine the impairment of ocular motility, the field of binocular single vision, represented in the diagram, is plotted in accordance with this section.

s. 113(2)

The test to plot the field of binocular single vision is conducted

s. 113(2)(a)

using an arc perimeter, or

s. 113(2)(b)

if an arc perimeter is not available, a tangent screen for evaluating the central 40°.

s. 113(3)

For the purposes of the test to plot the field of binocular single vision, the following apply in respect of the insured:

s. 113(3)(a)

the insured must not wear spectacle corrective lenses, unless the corrective lenses are single vision and do not contain prisms;

s. 113(3)(b)

the insured must not wear spectacles with progressive lenses;

s. 113(3)(c)

the insured may wear contact lenses.

s. 113(4)

For the purposes of the test to plot the field of binocular single vision, the following apply in respect of the test:

s. 113(4)(a)

the extent of diplopia in the various directions of gaze is determined on the arc perimeter at 33 cm;

s. 113(4)(b)

examination is made in each of the 8 principal meridians by using

s. 113(4)(b)(i)

a small test light, or

s. 113(4)(b)(ii)

the projected light of approximately Goldmann III-4e;

s. 113(4)(c)

the presence of diplopia must be plotted along the 8 principal meridians on a suitable visual field chart consistent with the diagram in section 114;

s. 113(4)(d)

a field of binocular single vision must be plotted on a suitable visual field chart consistent with the diagram in section 114;

s. 113(4)(e)

diplopia within 20° from the centre is considered to be a 100% impairment of ocular motility, in respect of the injured eye, and is shaded in grey in the diagram in section 114 entitled "percentage of deficit of ocular motility of an eye in the field of diplopia";

s. 113(4)(f)

beyond 20° from the centre, the diagram in section 114 entitled "percentage of deficit of ocular motility of an eye in the field of diplopia" is used to determine the impairment percentage.

s. 114 — Ocular motility — percentage for variable F

Diagram: Percentage of deficit of ocular motility of an eye in the field of diplopia

s. 114(1)

If the insured sustains diplopia along one meridian, tested in accordance with section 113, the percentage for that meridian as set out in the diagram corresponds to that diplopia.

s. 114(2)

If the insured sustains diplopia along more than one meridian, tested in accordance with section 113, the percentage for each meridian as set out in the diagram are added together.

5

Urogenital System and Related

s. 115 — Kidney impairment

If the insured sustains a permanent kidney impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 116 — Ureteric impairment

If the insured sustains a permanent ureteric impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 117 — Bladder impairment

If the insured sustains a permanent bladder impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 118 — Urethral impairment

If the insured sustains a permanent urethral impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 119 — Tissue alteration — posterolumbar and laparotomy

If the insured sustains a permanent alteration of tissue following a posterolumbar incision or a laparotomy, the percentage in column 2 corresponds to the insured's alteration of tissue described opposite in column 1.

s. 120 — Renal functional impairment

If the insured sustains a permanent renal functional impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 121 — Reproductive system — organ tissue disruption
s. 121(1)

In this section, except in item 12, loss means

s. 121(1)(a)

loss of the use of the reproductive system organ tissue, or

s. 121(1)(b)

removal of the reproductive system organ tissue.

s. 121(2)

If the insured sustains a permanent reproductive system organ tissue disruption, the percentage in column 2 corresponds to the insured's disruption described opposite in column 1.

s. 122 — Sexual dysfunction

If the insured sustains permanent sexual dysfunction, the percentage in column 2 corresponds to the insured's dysfunction described opposite in column 1.

6

Respiratory System

s. 123 — Respiratory system tissue disruption

If the insured sustains a permanent respiratory system tissue disruption, the percentage in column 2 corresponds to the insured's disruption described opposite in column 1.

s. 124 — Respiratory functional impairment
s. 124(1)

In this section:

s. 124(1) — D

D CO means diffusion capacity of carbon monoxide and is a measure of the efficiency of gas transfer across the lung;

s. 124(1) — FEV

FEV 1 means forced expiratory volume in one second and is the volume of air exhaled in the first second of a forced expiratory manoeuvre;

s. 124(1) — FVC

FVC means forced vital capacity and is the volume of air one can exhale with a forced expiratory manoeuvre;

s. 124(1) — predicted value

predicted value means the standard value for an average healthy person of the same age, race, height and sex as the insured.

s. 124(2)

If the insured sustains a permanent respiratory functional impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

7

Digestive Tract

s. 125 — Application regarding tissue disruption and functional loss

In this Part, the percentage that corresponds to the description of the impairment considers both tissue disruption and functional loss together.

s. 126 — Upper gastrointestinal tract disorder

If the insured sustains a permanent upper gastrointestinal tract disorder, the percentage in column 2 corresponds to the insured's disorder described opposite in column 1.

s. 127 — Lower gastrointestinal tract disorder — colon and rectum

If the insured sustains a permanent lower gastrointestinal tract disorder in relation to the colon or rectum, the percentage in column 2 corresponds to the insured's disorder described opposite in column 1.

s. 128 — Lower gastrointestinal tract — anal impairment

If the insured sustains a permanent anal impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 129 — Liver and biliary tract — liver tissue disruption

If the insured sustains a permanent liver tissue disruption, the percentage in column 2 corresponds to the insured's disruption described opposite in column 1.

s. 130 — Liver and biliary tract — residual hepatic functional impairment

If the insured sustains a permanent residual hepatic functional impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 131 — Liver and biliary tract — biliary tract dysfunction

If the insured sustains a permanent biliary tract dysfunction, the percentage in column 2 corresponds to the insured's dysfunction described opposite in column 1.

s. 132 — Hernia-related impairment

If the insured sustains a permanent hernia-related impairment, the percentage in column 2 corresponds to the hernia-related impairment described opposite in column 1.

s. 133 — Post-operative abdominal wall-related impairment

If the insured sustains a permanent post-operative abdominal wall-related impairment, the percentage in column 2 corresponds to the post-operative abdominal wall-related impairment described opposite in column 1.

8

Cardiovascular System

s. 134 — Thoracic arterial lesion

If the insured sustains a permanent thoracic arterial lesion, the percentage in column 2 corresponds to the insured's lesion described opposite in column 1.

s. 135 — Functional limitation — cardiovascular lesion

If the insured sustains a permanent functional limitation related to a cardiovascular lesion, the percentage in column 2 corresponds to the insured's functional limitation described opposite in column 1.

s. 136 — Peripheral arterial lesion

If the insured sustains a permanent peripheral arterial lesion, the percentage in column 2 corresponds to the insured's lesion described opposite in column 1.

s. 137 — Functional limitation — peripheral arterial lesion following lower limb vascular lesion

If the insured sustains a permanent functional limitation related to a peripheral arterial lesion following a lower limb vascular lesion, the percentage in column 2 corresponds to the insured's functional limitation described opposite in column 1.

s. 138 — Functional limitation — peripheral arterial lesion following upper limb vascular lesion

If the insured sustains a permanent functional limitation in relation to a peripheral arterial lesion following an upper limb vascular lesion, the percentage in column 2 corresponds to the insured's functional limitation described opposite in column 1.

s. 139 — Venous and lymphatic lesion

If the insured sustains a permanent venous or lymphatic lesion, the percentage in column 2 corresponds to the insured's lesion described opposite in column 1.

9

Endocrine System

s. 140 — Hypothalamus, pituitary, thyroid and parathyroid gland dysfunction

If the insured sustains a permanent hypothalamus, pituitary, thyroid or parathyroid gland dysfunction, the percentage in column 2 corresponds to the insured's gland dysfunction described opposite in column 1.

s. 141 — Diabetes mellitus

If the insured sustains permanent diabetes mellitus, the percentage in column 2 corresponds to the insured's diabetes mellitus described opposite in column 1.

s. 142 — Adrenal gland

If the insured sustains a permanent adrenal gland loss, the percentage in column 2 corresponds to the insured's loss described opposite in column 1.

10

Hematopoietic System

s. 143 — Tissue disruption — spleen

If the insured sustains a permanent spleen tissue disruption, the percentage in column 2 corresponds to the insured's disruption described opposite in column 1.

s. 144 — Tissue disruption — thymus

If the insured sustains a permanent thymus tissue disruption, the percentage in column 2 corresponds to the insured's disruption described opposite in column 1.

s. 145 — Functional impairment — red blood cells
s. 145(1)

If the insured sustains a permanent functional impairment of the red blood cells, the percentage in column 2 corresponds to the insured's symptoms, hemoglobin level and transfusion requirement described opposite in column 1.

s. 145(2)

For certainty, in respect of items 3 and 4, the hemoglobin level is measured prior to transfusion.

s. 146 — Functional impairment — white blood cells

If the insured sustains a permanent functional impairment in relation to decreased white blood cells, the percentage in column 2 corresponds to the insured's symptoms, hemoglobin level and treatment requirement described opposite in column 1.

11

Psychiatric Condition, Syndrome and Phenomenon

s. 147 — Psychiatric condition, syndrome and phenomenon

If an insured sustains a permanent psychiatric condition, syndrome or phenomenon, the percentage in column 2 corresponds to the description opposite in column 1 of the insured's class of psychiatric condition, syndrome or phenomenon.

12

Vestibulocochlear Apparatus

s. 148 — Formula to determine percentage for sections 149 to 152

For the purposes of sections 149 to 152, the percentage for the purpose of determining the permanent impairment component is determined by the following formula:

s. 149 — Hearing loss — percentage for variable H
s. 149(1)

If the insured sustains permanent hearing loss, the insured's reduction of hearing in decibels described in column 1 corresponds to the sum of

s. 149(1)(a)

in respect of the most impaired ear, the percentage opposite in column 2, and

s. 149(1)(b)

in respect of the less impaired ear, the percentage opposite in column 3.

s. 149(2)

For the purposes of this section,

s. 149(a)

hearing loss is measured without the insured using a hearing aid or similar device, and

s. 149(b)

the reduction of hearing in decibels in column 1 is measured by the average obtained by an audiogram on frequencies of 500, 1 000 and 2 000 cycles per second.

s. 149(3)

For the purposes of items 1 to 9, the percentage in column 2 is multiplied by 2 if the insured sustains a speech discrimination score of 80% or less.

s. 149(4)

The maximum percentage that may be determined in accordance with this section is 30%.

s. 150 — Vestibular functional impairment — percentage for variable V

If the insured sustains a permanent vestibular functional impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

s. 151 — Vestibular functional impairment — loss of labyrinth — percentage for variable V

If the insured sustains a permanent vestibular functional impairment in relation to loss of labyrinth, the percentage in column 2 corresponds to the insured's loss of labyrinth described opposite in column 1.

s. 152 — Tinnitus — percentage for variable T
s. 152(1)

If the insured sustains permanent tinnitus, the percentage in column 2 corresponds to the insured's tinnitus described opposite in column 1.

s. 152(2)

For certainty, the percentage in column 2 applies if the tinnitus is unilateral or bilateral.

s. 153 — External ear canal impairment

If the insured sustains a permanent external ear canal impairment, the percentage in column 2 corresponds to the insured's impairment described opposite in column 1.

13

Skin

s. 154 — Interpretation for Part

In this Part:

s. 154 — alteration in form and symmetry

alteration in form and symmetry means a skin or surface disfigurement that results in a change in any of the following but does not refer to the presence of a scar:

s. 154(a)

tissue bulk;

s. 154(b)

tissue consistency;

s. 154(c)

tissue length;

s. 154(d)

tissue texture;

s. 154 — conspicuous

conspicuous means a skin disfigurement that is readily discernable with the unaided eye;

s. 154 — faulty scar

faulty scar means a scar that is misaligned, irregular, depressed, deeply adhering, pigmented, scaly, retractile, keloidal or hypertrophic;

s. 154 — flat scar

flat scar means a scar that is

s. 154(a)

almost linear,

s. 154(b)

at the same level as the adjoining tissue,

s. 154(c)

almost the same colour as the adjoining tissue, and

s. 154(d)

causes no contraction or distortion of neighbouring structures;

s. 154 — inconspicuous

inconspicuous means a skin disfigurement that is not readily discernable with the unaided eye.

1

Facial Disfigurement

s. 155 — Facial disfigurement

Table 1: Class 1, no impairment to Class 4, moderate impairment Table 2: Class 5, severe impairment to Class 6, disfigurement

s. 155(1)

The following are the anatomical elements of the face:

s. 155(1)(a)

forehead and glabella;

s. 155(1)(b)

the orbits, also known as the periorbital area, excluding the eyelids;

s. 155(1)(c)

the eyelids;

s. 155(1)(d)

the visible part of the ocular globes;

s. 155(1)(e)

the cheeks;

s. 155(1)(f)

the nose;

s. 155(1)(g)

the lips;

s. 155(1)(h)

the ears;

s. 155(1)(i)

the chin.

s. 155(2)

If the insured sustains permanent facial disfigurement, the following steps are to be taken in the following order to determine the percentage:

s. 155(a)

determine the class of facial disfigurement in column 1 of Table 1 or 2 according to,

s. 155(a)(i)

in Table 1,

s. 155(a)(i)(A)

the physical description of the insured's disfigurement described in columns 2, 3 and 5 opposite column 1, and

s. 155(a)(i)(B)

if applicable, if the description of the alteration in form and symmetry in column 3 and the description of the scarring of the anatomical elements of the insured's face in column 5 are not in the same class, the class in column 1 that is opposite the most severe criteria sustained by the insured is the applicable class for both the alteration in form and symmetry and scarring, or

s. 155(a)(ii)

in Table 2, the physical description of the insured's disfigurement described in column 2 opposite column 1;

s. 155(b)

if the class is listed

s. 155(b)(i)

in Table 1,

s. 155(b)(i)(A)

the percentage in column 4 of Table 1 corresponds to the alteration in form and symmetry of the anatomical elements of the insured's face described opposite in column 3 of Table 1;

s. 155(b)(i)(B)

the percentage in column 6 of Table 1 corresponds to the scarring of the anatomical elements of the insured's face described opposite in column 5 of Table 1;

s. 155(b)(i)(C)

if applicable, the percentages determined in accordance with clauses (A) and (B) are added together;

s. 155(b)(i)(D)

the percentage determined in accordance with clause (A), (B) or (C) must not exceed the maximum percentage set out in column 7 of Table 1 opposite the class determined in paragraph (a), and

s. 155(b)(ii)

in Table 2, the percentage in column 3 of Table 2 corresponds to the class described in column 1 of Table 2.

2

Disfigurement of Skin Overlaying Rest of Body

s. 156 — Disfigurement of skin, other than facial disfigurement
s. 156(1)

In this section:

s. 156(1) — arms, shoulders and elbows

arms, shoulders and elbows means the skin overlaying the body region extending from the acromion process and axillary folds to the olecranon process and cubital fossa;

s. 156(1) — forearms

forearms means the skin overlaying the body region beginning at the distal aspect of the elbow and extending to the wrist crease;

s. 156(1) — lower limbs

lower limbs means the skin overlaying the distal aspect of the trunk and extending distally to the tips of the toes, including the buttocks;

s. 156(1) — neck

neck means the skin overlaying the body region C1 to C7 posteriorly and the cricoid cartilage to the sternal notch anteriorly;

s. 156(1) — scalp and skull

scalp and skull means the skin overlaying the skull beginning at the normal hairline in front and following the normal hairline around the side to the back;

s. 156(1) — trunk

trunk includes the skin overlaying the scapulae, supraspinous fossa, supras-capular and supraclavicular fossa body region and extends distally to the anterior inguinal ligaments and the posterior iliac crests;

s. 156(1) — wrists and hands

wrists and hands means the skin overlaying the body region beginning at the wrist crease and extending distally to the fingertips.

s. 156(2)

If the insured sustains permanent disfigurement of the skin overlaying body regions other than the face, the percentage is determined, subject to subsection (3), as follows:

s. 156(2)(a)

the percentage in column 3 corresponds to the insured's alteration in form and symmetry in column 2 described opposite the applicable body region in column 1;

s. 156(2)(b)

the percentage in column 5 corresponds to the insured's scarring in column 4 described opposite the applicable body region in column 1;

s. 156(2)(c)

if applicable, if the insured sustains an alteration in form and symmetry and scarring of a body region, the percentage is the higher of the percentages determined in accordance with paragraphs (a) and (b).

s. 156(3)

The percentage determined in accordance with paragraph (b) or (c) must not exceed the percentage set out in column 6 that corresponds to the body region opposite it in column 1.

s. 157 — Facial or other body region disfigurement due to discolouration
s. 157(1)

In this section, discolouration of the skin does not include the following:

s. 157(a)

pigmented scars;

s. 157(b)

pigmented amputation stumps;

s. 157(c)

pigmented skin due to venous or lymphatic insufficiency.

s. 157(2)

If the insured sustains permanent discolouration of the skin, the percentage in column 2 corresponds to the insured's discolouration described opposite in column 1.

3

Disfigurement from Partial or Total Amputation

s. 158 — Application for Division

If an insured sustains an amputation, the insured is only entitled to receive a percentage corresponding to the insured's disfigurement from the amputation described in this Division and not from Divisions 1 or 2 of this Part.

s. 159 — Disfigurement from amputation — eye

If the insured sustains an eye amputation, the percentage in column 2 corresponds to the insured's permanent disfigurement from the amputation described opposite in column 1.

s. 160 — Disfigurement from amputation — upper limb

If the insured sustains an upper limb amputation, the percentage in column 2 corresponds to the insured's permanent disfigurement from the amputation described opposite in column 1.

s. 161 — Disfigurement from amputation — lower limb

If the insured sustains a lower limb amputation, the percentage in column 2 corresponds to the insured's permanent disfigurement from the amputation described opposite in column 1.