Catastrophic impairment claim dismissed; applicant failed to establish marked psychological impairment in any functional domain.
The applicant sought a determination that she sustained a catastrophic impairment due to a mental or behavioural disorder following a motor vehicle accident.
The Tribunal applied the AMA Guides and the three-step test from Pastore.
While finding the applicant suffered a psychological impairment caused by the accident, the Tribunal concluded she did not suffer a marked (Class 4) impairment in any of the four functional domains.
The Tribunal preferred the respondent's multidisciplinary medical evidence over the applicant's experts, noting credibility concerns and the applicant's failure on performance validity tests.
The application was dismissed.
OLATOntario Licence Appeal TribunalJan 5, 2018
