Catastrophic impairment claim dismissed as marked psychological impairments were attributed to pre-existing conditions.
The applicant sought accident benefits following a 2019 motor vehicle accident, claiming catastrophic impairment due to psychological issues.
The adjudicator first held that the applicant was barred from disputing attendant care benefits because he failed to attend scheduled insurer's examinations without a valid reason.
On the catastrophic impairment issue, the adjudicator preferred the respondent's psychiatric assessment, finding that the applicant's marked psychological impairments were attributable to extensive pre-existing conditions, including bereavement following his mother's death, rather than the subject accident.
As the applicant did not meet the catastrophic impairment threshold and his non-catastrophic limits were exhausted, the claims for disputed treatment plans were dismissed.
OLATOntario Licence Appeal TribunalOct 2, 2025
