Nicole Trecksler

The applicant sought income replacement benefits (IRBs) and a determination of catastrophic impairment following a motor vehicle accident.

The central factual dispute was whether the applicant's blackouts were caused by the accident or were a pre-existing condition.

The Tribunal found that the blackouts were a symptom of accident-related PTSD, which was exacerbated by a subsequent near-miss incident.

The Tribunal awarded pre-104 week IRBs, finding the applicant suffered a substantial inability to perform her pre-accident employment tasks.

However, post-104 week IRBs were denied as the applicant failed to prove a complete inability to engage in suitable alternative employment.

The Tribunal also concluded that the applicant sustained a catastrophic impairment due to a Class 4 marked psychological impairment affecting her activities of daily living and adaptation.