Catastrophic impairment claim dismissed; mental and behavioural impairments did not reach the marked level.
The applicant sought a determination that she sustained a catastrophic impairment due to a mental or behavioural disorder following a motor vehicle accident.
The adjudicator found that the applicant's pre-existing physical and cognitive conditions, including brain lesions and diabetes, were the primary cause of her functional limitations.
The adjudicator rejected the applicant's psychiatric expert evidence, finding it overstated her pre-accident functioning and improperly conflated physical and mental impairments.
The application was dismissed, as the applicant failed to demonstrate a marked impairment in three or more domains of function.
OLATOntario Licence Appeal TribunalFeb 13, 2023
