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.

The applicant filed Requests for Orders During Proceedings seeking further production of documents and permission to call two medical witnesses, with one testifying by telephone.

The Tribunal directed the respondent to answer specific questions regarding the existence of the requested documents.

The Tribunal denied the request for Dr. Ouchterlony to testify by telephone, finding her evidence regarding the applicant's capacity to attend university too important and complex for teleconference.

The Tribunal also denied the request to call Dr. Warriner, as his 2015 neuropsychological report was not before the respondent when it made its 2013 admissions decision and was therefore irrelevant.