Application for catastrophic impairment and post-104-week income replacement benefits dismissed due to insufficient medical and functional evidence.
The applicant sought a determination that she sustained a catastrophic impairment (CAT) and was entitled to post-104-week income replacement benefits (IRBs) following a 2018 motor vehicle accident.
The Tribunal found that the applicant did not meet the CAT threshold under Criterion 7, as her evidence failed to transparently apply the AMA Guides' methodology and improperly double-counted impairments, whereas the respondent's assessments credibly established a 15% Whole Person Impairment.
The Tribunal also found the applicant did not meet Criterion 8, preferring the respondent's functional observations showing independence in daily activities over the applicant's self-reported limitations.
Finally, the Tribunal dismissed the claim for post-104-week IRBs, concluding the applicant failed to prove a complete inability to engage in reasonably suited employment, given evidence of ongoing functional capacity and post-accident earnings.
OLATOntario Licence Appeal TribunalFeb 17, 2026
