Dr. Deffendall

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

The Insurer argued his impairment was only moderate (Class 3).

The Arbitrator preferred the evidence of the Applicant's expert, who conducted a robust 14-hour assessment including collateral interviews and cognitive testing, over the Insurer's experts whose assessments were brief and lacked collateral information.

The Arbitrator found that the Applicant's chronic pain and psychological conditions significantly impeded his useful functioning, meeting the criteria for a Class 4 Marked Impairment.

The Applicant was deemed catastrophically impaired.