Dr. Sherose Ali

The applicant requested a reconsideration of a decision that dismissed his claims for catastrophic impairment, attendant care benefits, and medical and rehabilitation benefits following a motor vehicle accident.

The applicant argued the adjudicator erred by allowing the respondent's psychiatric expert to testify outside the scope of her report, by limiting the evidence of the applicant's chiropractor regarding psychological impairments, and by failing to properly consider the meaning of 'useful function'.

The adjudicator dismissed the reconsideration request, finding no errors of law or fact.

The adjudicator held that the respondent's expert evidence was latent in her report, the chiropractor was not qualified to opine on psychological impairments, and the applicant was improperly attempting to relitigate findings of fact.

The applicant sought statutory accident benefits after witnessing a fatal bus accident, claiming it caused a catastrophic impairment (schizophrenia).

The respondent denied the benefits, arguing the applicant's condition was pre-existing or prodromal.

The Tribunal found that while the accident may have triggered an acute psychotic episode, the applicant was likely prodromal for years prior and failed to prove he sustained a Class 4 marked or Class 5 extreme impairment in the required spheres of function.

The Tribunal also dismissed claims for attendant care, rehabilitation support worker services, and other expenses, as the applicant's non-catastrophic policy limits were exhausted and the expenses were either not incurred or not reasonable and necessary.