Dr. B. Levitt

The Applicant sought a determination that he sustained a catastrophic impairment and was entitled to ongoing income replacement benefits following a 2017 motor vehicle accident.

The Respondent brought a preliminary motion to strike the Applicant's catastrophic impairment report, arguing it was not conducted by a physician as required by section 45(2)1 of the Schedule.

The Tribunal dismissed the motion, finding the report was directed by a physician and compliant with the Schedule.

On the merits, the Tribunal preferred the Applicant's expert evidence, concluding he suffered a marked impairment in all four areas of functioning due to somatic symptom disorder and major depressive disorder.

The Tribunal found the Applicant catastrophically impaired and completely unable to engage in suitable employment, granting entitlement to income replacement benefits and interest.

The applicant sought a determination that she sustained a catastrophic impairment due to a mental or behavioural disorder following a motor vehicle accident.

The Tribunal applied the AMA Guides and the three-step test from Pastore.

While finding the applicant suffered a psychological impairment caused by the accident, the Tribunal concluded she did not suffer a marked (Class 4) impairment in any of the four functional domains.

The Tribunal preferred the respondent's multidisciplinary medical evidence over the applicant's experts, noting credibility concerns and the applicant's failure on performance validity tests.

The application was dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the insurer, claiming he sustained a catastrophic impairment due to severe psychological and physical injuries.

The insurer denied the claims, arguing the applicant was malingering and not significantly disabled.

The arbitrator found the applicant credible and concluded he suffered a catastrophic impairment under s. 2(1.2)(g) of the Schedule, experiencing marked impairment in activities of daily living and concentration, persistence, and pace.

The arbitrator awarded income replacement benefits, attendant care benefits at $6,000 per month, and an occupational therapy treatment plan.

Housekeeping benefits were denied due to insufficient evidence of the pre-accident baseline.

A special award of $5,000 was ordered against the insurer for unreasonably delaying payment for the applicant's psychiatric medications.