Applicant found catastrophically impaired due to marked mental and behavioural impairments; psychotherapy and attendant care awarded.
The applicant sought statutory accident benefits following a 2012 motor vehicle accident, claiming she sustained a catastrophic impairment due to mental and behavioural disorders.
The Licence Appeal Tribunal found that the applicant suffered a Marked impairment in both adaptation and concentration, persistence, and pace, satisfying Criterion 8 of the Schedule.
The Tribunal relied on the evidence of the applicant's treating professionals and experts, preferring them over the insurer's assessors who provided insufficient analysis.
The applicant was awarded attendant care benefits and a treatment plan for psychotherapy.
However, the Tribunal declined to order a special award under s. 10 of O. Reg. 664, finding the insurer's reliance on its medical assessments was not unreasonable.
OLATOntario Licence Appeal TribunalOct 4, 2023
