Can an applicant reapply for a determination of catastrophic impairment under the same criterion or his condition changes over time?

There is little jurisprudence to assist in the analysis of this section. Both counsel cite Wry v. Aviva, Co-operators preferring the appeal decision by the deputy director [See Note 5 below] while the plaintiff quotes the original arbitrator, who stated: The legislation does not expressly forbid such applications and clearly contemplates reapplications. I therefore find it reasonable to argue that an applicant can reapply for determination of catastrophic impairment under [page558] the same criterion or his condition changes over time. This approach would be consistent with the broad and liberal interpretation mandated by the consumer protection nature of insurance legislation. [See Note 6 below]