Dr. Solomon

The applicant was severely injured in a head-on motor vehicle collision and applied for statutory accident benefits.

After exhausting non-catastrophic limits, she sought a determination of catastrophic impairment and entitlement to further attendant care, housekeeping, and medical/rehabilitation benefits.

The Tribunal found the applicant catastrophically impaired under Criterion 7, accepting a combined Whole Person Impairment rating of 59% based on physical and mental/behavioral impairments, including a mild traumatic brain injury.

The Tribunal awarded attendant care and housekeeping benefits for incurred amounts, as well as an occupational therapy treatment plan, but dismissed claims for physiotherapy and a special award.

The applicant was also ordered to repay income replacement benefits received while employed.

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

The Licence Appeal Tribunal found that the applicant sustained a marked impairment (Class 4) in Adaptation, qualifying her for catastrophic impairment status.

The Tribunal awarded attendant care benefits, professional organizing services, and vision therapy, but denied aquatherapy sessions.

The Tribunal also denied the applicant's request for a special award under Regulation 664, finding the insurer's denials were not unreasonable.