Dr. Atu Sekyi-Otu

The applicant requested a reconsideration of a decision finding she was not catastrophically impaired.

She argued the adjudicator erred in law by failing to consider the Whole Person Impairment (WPI) ratings for medication and her right wrist provided by an orthopedic surgeon.

The adjudicator acknowledged the error of omitting these ratings.

However, after recalculating the impairment using the correct method of combining Upper Extremity Impairment values, the adjudicator determined the applicant's total WPI was 49%.

As this remained below the 55% threshold required for catastrophic impairment, the error would not have changed the result, and the request for reconsideration was dismissed.

The applicant sought various statutory accident benefits following a motor vehicle accident, including physiotherapy services, an attendant care assessment, and a functional ability evaluation.

The respondent denied the benefits, relying on insurer's examinations which indicated the applicant had reached maximal recovery and returned to work.

The Licence Appeal Tribunal found that the applicant failed to prove on a balance of probabilities that the proposed treatment plans and assessments were reasonable and necessary.

The Tribunal dismissed all claims for benefits, interest, a section 10 award, and costs.