Dr. Kate Peplinskie

The applicant sought a determination that she sustained a catastrophic impairment under criterion 8 (mental and behavioural impairments) of the Statutory Accident Benefits Schedule following a 2019 motor vehicle accident.

The Tribunal preferred the evidence of the applicant's psychiatric expert over the respondent's expert, finding the applicant suffered marked impairments in all four spheres of functioning: activities of daily living, social functioning, concentration, persistence and pace, and adaptation.

The Tribunal concluded the applicant was catastrophically impaired.

However, the Tribunal dismissed the applicant's claim for a special award under s. 10 of Regulation 664, finding the respondent's adjusting conduct was not unreasonable, excessive, or imprudent.