Application for catastrophic impairment dismissed; applicant failed to prove marked impairment or causation.
The applicant sought a determination that he sustained a catastrophic impairment due to a mental or behavioural disorder following a 2006 motor vehicle accident.
The respondent argued that the applicant's impairments were moderate and caused entirely by a previous accident in 2002.
The Licence Appeal Tribunal found that the applicant did not suffer a marked impairment in any of the four areas of function, noting his ability to drive, live independently, and pass a licensing exam.
The Tribunal also concluded that the 2006 accident did not cause the impairments.
The application for catastrophic impairment and an award for delayed payments was dismissed.
The respondent's request for costs was also denied.
OLATOntario Licence Appeal TribunalFeb 2, 2023