Catastrophic impairment claim dismissed as psychological impairments predated the motor vehicle accident.
The applicant sought a determination of catastrophic impairment based on a mental and behavioural disorder following a 2017 motor vehicle accident.
The respondent argued the applicant's psychological impairments predated the accident and were caused by prior life events, including a 2013 accident and trauma in his home country.
The Tribunal found that the applicant was receiving disability benefits prior to the 2017 accident and had a documented history of similar physical and psychological symptoms.
Applying the 'but for' test, the Tribunal concluded the 2017 accident was not a necessary cause of the applicant's impairments and dismissed the application.
OLATOntario Licence Appeal TribunalJan 11, 2023
