Dr. Jodi Grenier

The applicant sought a determination of catastrophic impairment (Criterion 8) due to a mental or behavioural disorder following a motor vehicle accident, along with payment for prescriptions and interest.

The Tribunal found that the applicant did not suffer a marked impairment in the spheres of activities of daily living, social functioning, or adaptation, noting that the applicant's expert failed to adequately account for pre-existing physical and psychological conditions.

The Tribunal preferred the respondent's experts, concluding the applicant suffered at most moderate impairments.

The claims for prescriptions and interest were also dismissed.

The applicant sought interest and a special award under Regulation 664 for delayed and suspended income replacement benefits (IRBs) following a motor vehicle accident.

The Tribunal found the insurer liable for interest for a brief period in 2018 when it failed to respond to the initial application within the required 10 days under s. 36 of the Schedule.

However, no interest was payable for 2019 as the applicant's self-employment income resulted in a zero IRB entitlement, and the applicant conceded to repaying a $20,856 overpayment for that year.

The Tribunal also awarded interest on a lump-sum back payment for a period in 2020 when benefits were temporarily suspended based on medical assessments but later reinstated.

The claim for a special award was dismissed, as the insurer actively and reasonably adjudicated the file based on the available medical evidence.