D. Rogozinsky

The applicant sought a determination that he sustained a catastrophic impairment due to a traumatic brain injury following a motor vehicle accident.

The Tribunal found that the applicant's medical reports, which relied on a GOS-E assessment conducted by an occupational therapist and a psychiatrist, failed to comply with the Statutory Accident Benefits Schedule.

The Tribunal preferred the respondent's neuropsychological assessment, which concluded the applicant's ability to drive negated a finding of Lower Moderate Disability.

The application was dismissed.

The applicant sought statutory accident benefits for physiotherapy and various assessments following a motor vehicle accident.

The respondent denied the claims on the basis that the treatments were not reasonable and necessary.

The Tribunal dismissed the application, finding that the applicant failed to meet the burden of proof.

The Tribunal entirely rejected the applicant's occupational therapy expert report, finding the assessor was biased, partisan, and provided opinions outside the scope of their expertise.

As no benefits were payable, the claim for interest was also dismissed.