Dr. P. Derry

The applicant was involved in a motor vehicle accident and sought statutory accident benefits, claiming she sustained a catastrophic impairment due to a mental or behavioural disorder.

The Tribunal applied the Pastore test and found that the applicant suffered from class 4 (marked) impairments in activities of daily living, social functioning, and adaptation, meeting the threshold for catastrophic impairment.

The Tribunal also awarded $4,077.72 in attendant care benefits with interest, but dismissed the claim for a special award under s. 10 of Regulation 664, finding the insurer did not unreasonably withhold payments.

The applicant sought accident benefits following a motor vehicle accident, disputing the respondent's determination that her injuries fell within the Minor Injury Guideline (MIG).

The applicant claimed entitlement to a $2,260.00 treatment plan for psychological services, arguing that pre-existing anxiety and chronic pain removed her from the MIG.

The Tribunal found that the applicant's physical injuries were soft-tissue in nature and that she failed to establish a nexus between her pre-existing anxiety or chronic pain and the accident.

As the $3,500.00 MIG limit was already exhausted, the treatment plan was not payable and the application was dismissed.