Mr. Amchislavsky

The applicant sought a determination of catastrophic impairment under Criterion 8 of the SABS following a motor vehicle accident, along with a treatment plan for CAT assessments and an award.

The Tribunal found that the applicant suffered from moderate impairments in activities of daily living and social functioning, but did not meet the threshold of three marked impairments or one extreme impairment required for a catastrophic designation.

The Tribunal noted that the applicant's physical limitations, rather than her psychological symptoms, primarily restricted her activities of daily living.

The claims for the treatment plan, interest, and an award were dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied several treatment and assessment plans, including chiropractic services, cognitive devices, a driving reintegration assessment, a chronic pain assessment, and a fitness membership assessment.

The Tribunal found that the applicant failed to prove on a balance of probabilities that the proposed plans were reasonable and necessary, preferring the respondent's section 44 examination reports which found no objective evidence of impairment and concluded the applicant had reached maximal medical recovery.

The application was dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits from her insurer, Wawanesa.

The Licence Appeal Tribunal found that the applicant sustained a catastrophic impairment due to marked impairments in adaptation and concentration, persistence, and pace, stemming from somatic symptom disorder and major depressive disorder.

The Tribunal also found the applicant entitled to both pre-104 and post-104 income replacement benefits, as her physical and psychological impairments prevented her from working as a personal support worker or in any suitable employment.

Several treatment plans were deemed payable because Wawanesa failed to provide proper medical and other reasons for denial in its notices, violating s. 38(8) of the Schedule.

Finally, the Tribunal ordered a 30% special award under Regulation 664, finding that Wawanesa unreasonably withheld benefits by blindly following its assessors' reports without considering the totality of the medical evidence or continuously adjusting the file.