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Application for catastrophic impairment denied; applicant's mental and behavioural impairments deemed moderate, not marked.
The applicant was struck by a vehicle while riding his bicycle and applied for a determination of catastrophic impairment based on mental and behavioural disorders, specifically in the sphere of Adaptation.
The Tribunal weighed competing expert evidence, noting the applicant's upward trajectory in employment and poor validity testing results.
The Tribunal gave little weight to the applicant's occupational therapy assessment, finding the simulated work tasks unrealistic compared to his actual sustained employment.
Preferring the respondent's psychiatric evidence, the Tribunal found the applicant's impairments did not rise to the level of a marked impairment and dismissed the application.
The court found the defendant unfit to stand trial due to conversion disorder and suspended the provincial offences proceedings.
The defendant was charged under section 149(2) of the Workplace Safety and Insurance Act with willfully failing to inform the WSIB of a material change in circumstances affecting his benefit entitlement.
Following a workplace accident in 2006 resulting in a temporal bone fracture, the defendant received benefits that were subsequently denied on appeal, leaving him subject to a potential repayment obligation exceeding half a million dollars.
During trial, the defendant collapsed in court, prompting a referral for fitness assessment under section 44 of the Provincial Offences Act.
The court found the defendant unfit to stand trial based on psychiatric evidence of conversion disorder and chronic post-traumatic stress disorder, and ordered the proceedings suspended.