Application for catastrophic impairment and income replacement benefits dismissed; impairments attributed to pre-existing condition.
The applicant sought a determination of catastrophic impairment under criterion 8 and entitlement to income replacement benefits following a motor vehicle accident.
The respondent brought a preliminary motion to bar the application due to the applicant's failure to attend a follow-up insurer's examination.
The Tribunal dismissed the motion, finding the requested examination was not reasonable and necessary given the timing and lack of new issues.
On the substantive issues, the Tribunal found the applicant failed to prove she suffered a catastrophic impairment, preferring the respondent's experts who found her impairments were moderate and largely attributable to a pre-existing major depressive episode.
The Tribunal also dismissed the claims for income replacement benefits, an award, and interest.
OLATOntario Licence Appeal TribunalOct 30, 2024
