Application for catastrophic impairment and accident benefits dismissed due to extensive pre-existing psychiatric and functional deficits.
The applicant, a pedestrian struck by a vehicle, sought a determination of catastrophic impairment and various statutory accident benefits, including attendant care and housing modifications.
The Tribunal found the applicant was not catastrophically impaired, noting extensive pre-existing psychiatric and behavioural issues, including prior traumatic brain injuries and a need for 24/7 supervisory care that predated the accident.
The Tribunal preferred the respondent's expert evidence, finding the applicant's functional impairments were not caused by the subject accident.
All claims for benefits, assessments, and an award were dismissed.
OLATOntario Licence Appeal TribunalJan 10, 2025
