Christine Boulos

The applicant was involved in a motor vehicle accident in 2019 and subsequently died of a drug and alcohol overdose in 2022.

Her estate claimed Death and Funeral Benefits, arguing the accident caused a psychological downward spiral leading to her death.

The Licence Appeal Tribunal applied the 'but for' test for causation and reviewed the applicant's medical and counselling records.

The Tribunal found that while the applicant suffered an initial psychological impairment from the accident, her condition had improved significantly by mid-2021, and her subsequent relapse into substance abuse was unrelated to the accident.

The application for benefits and a special award was dismissed.

The applicant sought a non-earner benefit and a medical benefit for an occupational therapy assessment following a motor vehicle accident.

The Tribunal found that the applicant failed to establish a complete inability to carry on a normal life, noting inconsistent effort and embellishment during insurer's examinations.

The Tribunal preferred the insurer's expert reports over the applicant's psychological assessment, which failed to compare pre- and post-accident functioning.

The application was dismissed, and the applicant was not entitled to the claimed benefits or interest.

The insurer brought a motion to compel the insured to attend a section 44 neuropsychological assessment to determine catastrophic impairment, and to stay the arbitration until she attended.

The insured had refused to attend, arguing she had not alleged a head injury or cognitive problems other than psychiatric issues.

The arbitrator found the assessment was reasonably necessary and fair, as the insured had raised catastrophic impairment as a new issue and her own psychiatrist's report noted cognitive complaints.

The motion was granted and the arbitration was stayed pending the assessment.