Christine Farrell

The applicant requested a reconsideration of a Tribunal decision that found she was not catastrophically impaired under criterion 8 of the AMA Guides.

The applicant argued the Tribunal breached procedural fairness by considering pre- and post-accident levels of function and erred in law by imposing a higher burden of proof for marked impairments in three domains.

The Tribunal dismissed the request, finding no error of law or fact and no breach of procedural fairness.

The Tribunal held that it properly applied the AMA Guides, appropriately weighed the medical evidence, and correctly placed less weight on an occupational therapy report that lacked an in-home assessment.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming catastrophic impairment under Criterion 8 due to mental and behavioral disorders.

The Licence Appeal Tribunal found that the applicant's pre-existing irritable bowel syndrome and depression, along with the loss of family members, were the primary causes of her impairments.

The Tribunal preferred the respondent's expert evidence, concluding the applicant suffered only moderate (Class 3) impairments in activities of daily living, social functioning, and concentration, persistence, and pace.

As the applicant did not meet the threshold for catastrophic impairment and had exhausted her $65,000 non-catastrophic limits, all claims for disputed treatment plans and expenses were dismissed.