Fiana Kalp

The applicant, a pedestrian struck by a vehicle, sought a determination that her accident-related psychological impairments met the definition of catastrophic impairment under Criterion 8 of the Statutory Accident Benefits Schedule.

The Tribunal reviewed expert assessments from both parties and found that while the applicant had a marked impairment in activities of daily living, she only had moderate impairments in concentration, persistence and pace, and adaptation.

As the applicant did not demonstrate a marked impairment in three of the four spheres of functioning, she did not meet the catastrophic impairment threshold.

Consequently, her claims for various medical and rehabilitation benefits were dismissed because the non-catastrophic limits had been exhausted.