Applicant designated catastrophically impaired due to marked psychological impairment in activities of daily living.
The applicant was involved in a motor vehicle accident and sought a determination of catastrophic impairment (CAT) due to psychological injuries, including PTSD and a relapse of Major Depressive Disorder.
The respondent denied the CAT designation based on its assessors' conclusions that the applicant suffered only moderate impairments.
The Tribunal preferred the evidence of the applicant's assessors, finding that the respondent's psychiatric assessment lacked thoroughness and failed to properly consider the applicant's reduced functioning in activities of daily living.
The Tribunal concluded that the applicant sustained a Class 4 (marked) impairment in at least one area of functioning and therefore met the definition of catastrophic impairment under the Schedule.
The Tribunal also granted the applicant's request to anonymize her name and limit public access to the adjudicative records due to the sensitive nature of her mental health information.
OLATOntario Licence Appeal TribunalAug 25, 2023
