Dr. Warriner

The applicant sought a determination of catastrophic impairment following a 2016 motor vehicle accident.

The Tribunal found the applicant did not meet the 55% whole person impairment threshold under Criterion 7, as his combined physical and psychological impairments totaled 42%.

However, the Tribunal concluded the applicant sustained a catastrophic impairment under Criterion 8, finding marked impairments in three domains: social functioning, activities of daily living, and adaptation.

The Tribunal largely preferred the evidence of the applicant's neuropsychologist and mother over the insurer's assessors.

The applicant's request for costs due to alleged spoilage of evidence was denied.