Dr. R. van Reekum

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, a registered nurse, was struck by a school bus and claimed catastrophic impairment due to physical, cognitive, and psychological injuries.

The insurer disputed the catastrophic designation and denied ongoing attendant care and housekeeping benefits.

The arbitrator found the applicant sustained a catastrophic impairment under both the marked mental/behavioural impairment threshold and the 55% whole person impairment threshold, preferring the evidence of the applicant's experts who properly accounted for her severe depression and chronic pain.

The arbitrator awarded ongoing attendant care, housekeeping benefits, the cost of a cellphone, and a special award due to the insurer's unreasonable delay in reinstating income replacement benefits.