Dr. Nabil Philips

The applicant sought a determination that she sustained a catastrophic impairment under Criterion 8 of the Schedule following a 2022 motor vehicle accident.

The respondent denied the claim, arguing her impairments stemmed from pre-existing conditions, including a prior accident and childhood trauma.

The Tribunal applied the 'but for' test for causation and found that the 2022 accident exacerbated her pre-existing psychological issues, resulting in marked impairments in activities of daily living, social functioning, and adaptation.

The Tribunal preferred the evidence of the applicant's experts and found she met the threshold for catastrophic impairment.

The applicant was struck by a vehicle while crossing the street and claimed statutory accident benefits for income replacement, housekeeping, and travel expenses.

The insurer denied income replacement benefits after December 26, 1995, and housekeeping expenses.

At arbitration, the arbitrator found the applicant to be an unreliable historian whose testimony was contradicted by video surveillance showing him walking normally.

The medical evidence did not support the applicant's claims of debilitating physical or cognitive impairments preventing him from performing his job as a furniture assembler.

The claims for income replacement and housekeeping were dismissed, but the applicant was awarded $590 for uncontested travel expenses.