2 total
Applicant found not catastrophically impaired as WPI rating fell short of the 55% threshold.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming catastrophic impairment under Criterion 7.
The respondent denied the benefits.
The Tribunal found the applicant was not catastrophically impaired, as her Whole Person Impairment rating was 48%, falling short of the 55% threshold.
The Tribunal rejected the WPI ratings for incontinence and headaches provided by the respondent's own expert, finding the incontinence was pre-existing and did not worsen post-accident.
Claims for psychological services, case management, interest, and a section 10 award were also dismissed.
Application for catastrophic impairment and accident benefits dismissed due to lack of causation and pre-existing conditions.
The applicant sought statutory accident benefits following a 2019 motor vehicle accident, claiming catastrophic impairment due to a mental and behavioural disorder, along with attendant care, home modifications, and other medical benefits.
The Licence Appeal Tribunal found the applicant was not a credible witness and failed to establish that her impairments were caused by the accident, noting significant pre-existing physical and psychological conditions.
The Tribunal concluded the applicant did not meet the criteria for catastrophic impairment and dismissed all claims for disputed benefits, finding them either not reasonable and necessary, duplicative, or unrelated to the accident.
