Applicant found catastrophically impaired under Criterion 8 but denied post-104-week income replacement benefits.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming catastrophic impairment under Criterion 8 and entitlement to post-104-week income replacement benefits (IRB).
The Tribunal found the applicant catastrophically impaired, accepting expert evidence that she suffered marked impairments in social functioning, concentration, persistence, and pace, and adaptation due to accident-related mental and behavioural disorders.
However, the Tribunal dismissed the claim for IRB, finding the applicant failed to tender opinion evidence challenging the respondent's vocational and medical assessments that she could engage in suitable alternative employment.
A claim for an award under s. 10 of Regulation 664 was also dismissed due to the applicant's failure to provide required particulars.
OLATOntario Licence Appeal TribunalMay 8, 2025