Dr. Weisenthal

The applicant sought a determination of catastrophic impairment under Criterion 8 of the Statutory Accident Benefits Schedule following a 2017 motor vehicle accident.

The respondent insurer denied the designation.

The Tribunal found that the applicant suffered marked impairments in three functional domains: Adaptation, Social Functioning, and Activities of Daily Living.

The adjudicator preferred the applicant's expert evidence, particularly an occupational therapy assessment that included community-based testing and collateral interviews, over the respondent's in-home assessment.

The Tribunal concluded that the applicant's severe psychological decline and alcohol use disorder were directly related to the accident, rendering him catastrophically impaired.