Applicant found not catastrophically impaired but awarded income replacement benefits up to 104 weeks post-accident.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming she sustained a catastrophic impairment due to psychological issues.
The Tribunal found the applicant was not catastrophically impaired, preferring the respondent's psychiatric expert who concluded her limitations were primarily physical rather than psychological.
The Tribunal granted the applicant's claim for an income replacement benefit for the period up to 104 weeks post-accident, finding she suffered a substantial inability to perform the essential tasks of her pre-accident employment on an assembly line.
Claims for attendant care, housekeeping, and physiotherapy were dismissed as the applicant's non-catastrophic funding limits were exhausted.
The Tribunal also denied the applicant's request for an award, finding the insurer's conduct was not unreasonable.
OLATOntario Licence Appeal TribunalDec 4, 2024
