Dr. Hoff

The applicant was injured in a motor vehicle accident and sought a determination of catastrophic impairment, along with ongoing attendant care and housekeeping benefits.

The insurer denied the catastrophic designation based on a Designated Assessment Centre (DAC) report.

The arbitrator found the DAC assessment flawed, particularly due to the absence of a mandatory psychological assessment.

Relying on the evidence of the applicant's treating psychologist and psychiatrist, the arbitrator concluded the applicant met the criteria for catastrophic impairment due to a marked mental or behavioural disorder.

The arbitrator awarded housekeeping benefits at the statutory maximum of $100 per week and attendant care benefits at $77.40 per month, declining the higher attendant care claim due to the absence of a supporting Form 1.

The claim for a special award was dismissed.

The self-represented applicant sought a catastrophic impairment designation following a motor vehicle accident.

The insurer denied the claim based on a Designated Assessment Centre (DAC) report.

In an interim decision, the arbitrator found that the DAC assessment was fundamentally flawed because it lacked a mandatory psychological assessor and failed to properly assign impairment ratings for all conditions, including fibromyalgia.

The arbitrator ordered that the applicant be given the option to undergo a new, properly constituted multidisciplinary assessment, or proceed to a final hearing based on the existing evidence.