Dr. Crawford

The applicant was injured in a head-on motor vehicle collision and sought a determination of catastrophic impairment under the Statutory Accident Benefits Schedule.

The applicant argued he met the criteria under s. 2(1.2)(g) for marked mental or behavioural impairment and s. 2(1.2)(f) for 55% Whole Person Impairment.

The arbitrator found that the applicant had significant pre-existing substance abuse and psychological issues, and that his current impairments were moderate rather than marked.

The arbitrator also preferred the insurer's medical experts, finding the applicant's experts relied on flawed methodology and incomplete medical histories.

The application for catastrophic impairment was dismissed, limiting the applicant's entitlement to housekeeping and attendant care benefits to the 104-week post-accident period.

The applicant, who has a learning disability, alleged that the Toronto Transit Commission (TTC) failed to accommodate her disability during the Bus Operator training program, improperly terminated her employment, and subjected her to a poisoned work environment.

The Tribunal found that the TTC made reasonable efforts to accommodate the applicant's learning needs once they were clearly communicated.

Relying on a vocational assessment, the Tribunal concluded that the applicant was incapable of performing the essential duties of a Bus Operator even with accommodation.

The Tribunal also found no evidence of a poisoned work environment and held that the TTC had no obligation to offer an alternative position to a job applicant who could not perform the job applied for.

The application was dismissed.