Catastrophic impairment claim dismissed; applicant failed to prove brain injury or extreme impairment in work functioning.
The applicant sought a determination that she sustained a catastrophic impairment under Criteria 4 and 8 of the Statutory Accident Benefits Schedule following a motor vehicle accident, as well as entitlement to psychological services.
The Tribunal found that the applicant did not meet Criterion 4 because there were no positive findings of a traumatic brain injury on recognized diagnostic imaging.
The Tribunal also found that the applicant did not meet Criterion 8, as the evidence demonstrated she had been working part-time as a personal support worker, which was inconsistent with a Class 5 extreme impairment in work functioning.
The claim for psychological services was dismissed as not reasonable and necessary.
The respondent's request for costs was also dismissed.
OLATOntario Licence Appeal TribunalSep 19, 2023
