Brenda Labron

The applicant sought statutory accident benefits following a 2012 motor vehicle accident, claiming she sustained a catastrophic impairment and was entitled to non-earner benefits.

The Tribunal found the applicant did not meet the 55% whole person impairment threshold under Criterion 7, nor did she demonstrate the required marked impairments under Criterion 8.

The Tribunal preferred the evidence of the respondent's assessors, noting the applicant successfully attends university full-time and maintains part-time employment.

The claims for catastrophic impairment and non-earner benefits were dismissed.

The applicant sought payment for a multidisciplinary catastrophic impairment (CAT) assessment totaling $25,779.25 following a 2013 motor vehicle accident.

The Tribunal held that entitlement to a CAT assessment is a qualified right governed by section 15 of the Schedule, requiring each constituent assessment to be reasonable and necessary, rather than a substantive right under section 25.

Reviewing the medical evidence, the Tribunal found the applicant displayed normal range of motion, functioned independently, and had minimal ongoing treatment, which was inconsistent with the severity of impairment required for a CAT designation.

The application was dismissed, along with claims for interest and a special award.