45.
 45. (1) An insured person who sustains an impairment as a result of an accident may apply to the insurer for a determination of whether the impairment is a catastrophic impairment.  O. Reg. 34/10, s. 45 (1). (2) The following rules apply with respect to an application under subsection (1): 1.  An assessment or examination in connection with a determination of catastrophic impairment shall be conducted only by a physician but the physician may be assisted by such other regulated health professionals as he or she may reasonably require. 2.  Despite paragraph 1, if the impairment is a traumatic brain impairment only, the assessment or examination may be conducted by a neuropsychologist who may be assisted by such other regulated health professionals as he or she may reasonably require. 3.  If a Guideline specifies conditions, restrictions or limits with respect to the determination of whether an impairment is a catastrophic impairment, the determination must be made in accordance with those conditions, restrictions and limits.  O. Reg. 34/10, s. 45 (2); O. Reg. 289/10, s. 5; O. Reg. 251/15, s. 17 (1). (3) Within 10 business days after receiving an application under subsection (1) prepared and signed by the person who conducted the assessment or examination under subsection (2), the insurer shall give the insured person, (a)  a notice stating that the insurer has determined that the impairment is a catastrophic impairment; or (b)  a notice stating that the insurer has determined that the impairment is not a catastrophic impairment and specifying the medical and any other reasons for the insurer’s decision and, if the insurer requires an examination under section 44 relating to whether the impairment is a catastrophic impairment, so advising the insured person.  O. Reg. 34/10, s. 45 (3). (4) If an application is made under this section not more than 260 weeks after the accident and, immediately before the application was made, the insured person was receiving attendant care benefits, (a)  the insurer shall continue to pay attendant care benefits to the insured person during the period before the insurer makes a determination under this section; and (b)  the amount of the attendant care benefits for the period referred to in clause (a) shall be determined on the assumption that the insured person’s impairment is a catastrophic impairment.  O. Reg. 34/10, s. 45 (4); O. Reg. 251/15, s. 17 (2). (5) Within 10 business days after receiving the report of an examination under section 44, the insurer shall, (a)  give a copy of the report to the insured person and to the person who prepared the application under this section; and (b)  provide the insured person with a notice stating that the insurer has determined that the impairment is a catastrophic impairment or is not a catastrophic impairment and setting out the medical and any other reasons for the insurer’s determination.  O. Reg. 34/10, s. 45 (5). (6) If an insured person is determined to have sustained a catastrophic impairment as a result of an accident, the insured person is entitled to payment of all expenses incurred before the date of the determination and to which the insured person would otherwise be entitled to payment under this Regulation by virtue of having sustained a catastrophic impairment.  O. Reg. 34/10, s. 45 (6).