Catastrophic impairment and ongoing IRB denied where applicant's impairments were attributed to a pre-existing concussion.
The applicant was involved in a minor rear-end collision while driving to her first day back at work following a prior incident that caused a concussion.
She sought a determination of catastrophic impairment due to mental or behavioural disorders, ongoing income replacement benefits, and approval of several treatment plans.
The Tribunal found that the applicant was not catastrophically impaired, as her function had improved to non-catastrophic levels and validity testing raised concerns about symptom magnification.
The Tribunal also dismissed the claim for ongoing income replacement benefits, finding that her current impairments were not caused by the subject accident.
The applicant was awarded one treatment plan for driver rehabilitation therapy and associated interest, while the remaining treatment plans were denied.
OLATOntario Licence Appeal TribunalMay 12, 2022
