Dr. A. Luczak

The applicant was rear-ended in a motor vehicle accident and subsequently applied for a determination of catastrophic impairment due to mental and behavioural disorders.

The Tribunal applied the 'but for' test for causation and found that the accident caused the applicant's psychological impairments.

Preferring the evidence of the applicant's psychologist over the respondent's psychiatrist, the Tribunal concluded the applicant suffered a marked impairment (Class 4) in three of four functional domains (Activities of Daily Living, Concentration, Persistence and Pace, and Adaptation).

The applicant was deemed catastrophically impaired.

However, claims for specific medical and rehabilitation benefits were dismissed as the applicant failed to provide the disputed treatment plans or prove they were reasonable and necessary.