Dr. Michelle Keightley

The applicant sought a determination that she sustained a catastrophic impairment due to a 2016 motor vehicle accident, claiming various statutory accident benefits.

The respondent argued her psychological condition was pre-existing and not accident-related.

The Tribunal found the applicant sustained a Class 4 Marked impairment in social functioning and adaptation, satisfying the catastrophic impairment definition.

The Tribunal awarded partial attendant care benefits, costs for an attendant care assessment and a cognitive screen, and interest, while dismissing claims for case management, occupational therapy, a document review fee, and a special award.

The applicant was seriously injured in a motor vehicle accident and sought statutory accident benefits, including non-earner benefits, attendant care benefits, and medical/rehabilitation benefits.

The insurer terminated benefits based on insurer examinations concluding the applicant had reached maximum medical improvement.

The Tribunal found the applicant's ongoing pain and psychological impairments continuously prevented her from engaging in substantially all of her pre-accident activities, entitling her to non-earner benefits.

The Tribunal also determined the reasonable and necessary quantum of attendant care benefits and ordered a 5 percent award against the insurer for unreasonably delaying payment of medical and rehabilitation expenses.