Calvin Leung

The applicant was involved in a motor vehicle accident and sought a determination of catastrophic impairment and entitlement to income replacement benefits (IRBs) and a treatment plan.

The Tribunal found the applicant sustained a catastrophic impairment under Criterion 8 due to marked impairments in social functioning, concentration, persistence and pace, and adaptation resulting from accident-related psychological disorders.

The Tribunal denied the applicant's claim for IRBs during the first 104 weeks post-accident, finding she did not suffer a substantial inability to perform the essential tasks of her employment.

However, the Tribunal granted IRBs from September 1, 2024 onward, finding her condition had deteriorated such that she suffered a complete inability to engage in any employment for which she was reasonably suited.

The claim for a second catastrophic assessment treatment plan was denied.

The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and funding for various treatment plans.

The Licence Appeal Tribunal found that the applicant was not entitled to the non-earner benefit because he failed to prove a complete inability to carry on a normal life.

However, the Tribunal approved treatment plans for occupational therapy services, an occupational therapy assessment, and psychological assessments, finding them reasonable and necessary due to the applicant's accident-related psychological impairments.

A claim for physiotherapy services was denied as the applicant had reached maximum therapeutic benefit.

The Tribunal also awarded interest on the overdue payments but declined to order a special award under s. 10 of Reg. 664.