Dr. Joan Quinn

The applicant sought statutory accident benefits following a motor vehicle accident, including post-104 income replacement benefits (IRB), medical benefits, and a special award.

The Tribunal found the applicant did not meet the test for post-104 IRB, as she failed to prove a complete inability to engage in any employment for which she was reasonably suited.

The Tribunal preferred the evidence of the respondent's assessors, noting inconsistencies in the applicant's reporting and her failure to complete several assessments.

The claims for medical benefits, assessments, and a special award were also dismissed.

The applicant sought a post-104-week income replacement benefit (IRB) following a motor vehicle accident, which the respondent insurer denied.

The Tribunal found that the applicant suffers a complete inability to engage in any employment for which she is reasonably suited by education, training, or experience, primarily due to chronic pain syndrome and psychological impairments.

The Tribunal preferred the evidence of the applicant's expert assessors over the respondent's assessors, noting that the alternate employment roles proposed by the respondent were not comparable in status or wages.

The applicant was awarded the IRB and interest on overdue payments, but her claim for a special award under section 10 of Regulation 664 was dismissed as the insurer's conduct was not found to be unreasonable or vexatious.

The applicant sought a determination that she sustained a catastrophic impairment under Criterion 8 of the Statutory Accident Benefits Schedule following a motor vehicle accident.

The applicant claimed marked impairments in social functioning, concentration, persistence and pace, and adaptation due to psychological issues including depression and anxiety.

The Tribunal preferred the evidence of the respondent's assessors, finding that the applicant's impairments were moderate (Class 3) rather than marked (Class 4).

The Tribunal noted the applicant's ability to maintain relationships, travel, manage her children's schedules, and handle personal affairs, concluding she did not meet the threshold for catastrophic impairment.

The application was dismissed.

The applicant was struck by a transit bus while crossing an intersection and sought a determination of catastrophic impairment.

The Tribunal found that the applicant did not meet the 55% whole person impairment threshold, preferring the respondent's medical experts who concluded her psychological challenges stemmed from pre-existing learning difficulties rather than the accident, and that she did not suffer from post-concussion syndrome.

However, the Tribunal ordered the respondent to pay $2,400 for a chronic pain assessment plan, finding the assessment was reasonable at the time it was proposed, and awarded interest because the respondent failed to provide proper medical reasons for its denial.