Question juridique clé
Whether accident insurance benefits could be discontinued as of 28 October 2003 due to lack of causal link
Solution extraite
The record was insufficient to rule out a somatic origin of the continuing cognitive complaints; further multidisciplinary medical assessment was required before deciding on the right to benefits.
Motifs extraits
The CEMed experts did not sufficiently address the possibility of brain lesions or a traumatic brain injury, did not fully account for the police report and accident mechanics, and their assessment of the accident as minor was doubtful. The new private imaging evidence could not be relied on as such, but it reinforced the need for further instruction.