Catastrophic impairment claim denied; applicant's mental and behavioural impairments did not reach marked level.
The applicant sought a determination that she sustained a catastrophic impairment (CAT) due to a mental or behavioural disorder following a 2017 motor vehicle accident, which she claimed aggravated pre-existing concussion symptoms from a 2014 work incident.
The Tribunal found that while the applicant suffers from somatic symptom disorder and functional limitations, her impairments in activities of daily living do not rise to the level of a marked (Class 4) impairment under the AMA Guides.
Consequently, she did not meet the criteria for CAT status.
As her non-CAT policy limits were exhausted, her claims for various medical and attendant care benefits were dismissed as moot.
The Tribunal awarded the applicant $2,000 in costs due to the respondent's excessive and unnecessary objections during the hearing.
OLATOntario Licence Appeal TribunalOct 21, 2022
