Applicant designated catastrophically impaired due to marked psychological impairment in the domain of adaptation.
The applicant, a pedestrian struck by a vehicle, sought a determination that she sustained a catastrophic impairment due to psychological and emotional damage.
The Tribunal reviewed extensive medical and occupational therapy evidence, finding that the applicant's pre-accident active lifestyle had been replaced by severe avoidant behaviours, fatigue, and an inability to cope with stress.
Preferring the evidence of the applicant's psychiatric assessor over the respondent's, the Tribunal concluded the applicant suffered a marked impairment in the domain of adaptation.
The claims for interest and a special award were dismissed as there were no specific monetary benefits in dispute.
OLATOntario Licence Appeal TribunalJul 8, 2020
