Dr. F. Yaroshevsky

The applicant sought statutory accident benefits following an accident involving an all-terrain vehicle.

The insurer denied benefits, including income replacement benefits, attendant care benefits, and a determination of catastrophic impairment.

The Tribunal found the applicant was excluded from receiving income replacement benefits because he was operating an uninsured vehicle without a valid license.

The Tribunal also dismissed the claims for catastrophic impairment and other benefits, finding the applicant's self-reporting to medical assessors was unreliable and contradicted by video surveillance showing a higher level of functioning than reported.

The applicant sought a determination that he sustained a catastrophic impairment due to a traumatic brain injury following a motor vehicle accident.

The Tribunal found that the applicant's medical reports, which relied on a GOS-E assessment conducted by an occupational therapist and a psychiatrist, failed to comply with the Statutory Accident Benefits Schedule.

The Tribunal preferred the respondent's neuropsychological assessment, which concluded the applicant's ability to drive negated a finding of Lower Moderate Disability.

The application was dismissed.