Application for catastrophic impairment and accident benefits dismissed due to sub-maximal effort and failure to meet thresholds.
The applicant sought a determination of catastrophic impairment and entitlement to attendant care benefits and income replacement benefits following a motor vehicle accident.
The Licence Appeal Tribunal found that the applicant did not meet the criteria for catastrophic impairment under either Criterion 7 (55% whole person impairment) or Criterion 8 (mental and behavioural disorders).
The Tribunal preferred the evidence of the respondent's experts, noting significant validity concerns and sub-maximal effort during the applicant's assessments.
Consequently, the applicant was not entitled to enhanced attendant care benefits, having exhausted her non-catastrophic limits.
The Tribunal also dismissed the claim for income replacement benefits, finding the applicant failed to prove a substantial inability to perform the essential tasks of her pre-accident employment as a personal support worker.
OLATOntario Licence Appeal TribunalOct 2, 2025