Reconsideration request dismissed; adjudicator made no errors of law, fact, or procedural fairness regarding catastrophic impairment.
The applicant requested a reconsideration of a Licence Appeal Tribunal decision that found he was not catastrophically impaired under Criterion 8 of the Statutory Accident Benefits Schedule.
The applicant argued the adjudicator breached procedural fairness by providing inadequate reasons, displaying bias, and failing to address production order breaches, and that the adjudicator made errors of law and fact in assessing his psychological and social functioning impairments.
The Vice-Chair dismissed the request, finding the adjudicator provided clear and adequate reasons, no reasonable apprehension of bias was established, and the adjudicator's weighing of the expert evidence and application of the legal test for marked impairment were reasonable and free of error.
OLATOntario Licence Appeal TribunalSep 19, 2025