Applicant found catastrophically impaired due to accident-related psychological impairments; claim for unreasonable delay award dismissed.
The applicant was involved in a motor vehicle accident and sought a determination of catastrophic impairment based on a mental and behavioural disorder.
The respondent denied the claim, arguing the applicant's impairments were pre-existing and did not meet the threshold.
The Tribunal found that the accident was a necessary cause of the applicant's psychological impairment, applying the 'but for' test.
Preferring the evidence of the applicant's psychological expert over the respondent's assessors, the Tribunal concluded the applicant sustained a marked impairment in all four spheres of functioning.
The application for a catastrophic impairment determination was granted, but the claim for an award for unreasonable delay was dismissed.
OLATOntario Licence Appeal TribunalApr 22, 2022
