Dr. D. Robinson

The applicant sought statutory accident benefits following a motor vehicle accident, claiming she sustained a catastrophic impairment due to psychological and neurological injuries.

The Licence Appeal Tribunal found that the applicant did not meet the criteria for a catastrophic impairment, as her mental and behavioural impairments did not reach the marked level in three or more spheres of function.

The Tribunal preferred the respondent's expert evidence, noting the applicant's self-reported independence in activities of daily living.

Claims for attendant care benefits, a neurological assessment, unapproved assessment costs, and an award for unreasonable withholding of benefits were all dismissed.

The applicant sought a determination that her impairments from a motor vehicle accident met the 55% whole person impairment (WPI) threshold for catastrophic impairment under the Statutory Accident Benefits Schedule.

The adjudicator evaluated conflicting medical evidence regarding the applicant's neurological and psychological impairments, including sleep disorders, mental status, and somatic disorders.

While the adjudicator preferred much of the applicant's medical evidence and found the insurer's assessors had underestimated the impairments, the final combined WPI was determined to be 51%.

As this fell short of the 55% threshold, the application was dismissed.