Dr. Herschorn

The applicant sought a determination that he sustained a catastrophic impairment (CAT) following a 2020 motor vehicle accident, claiming entitlement to extended medical benefits.

The Tribunal assessed the applicant's physical and psychological impairments under Criteria 6, 7, and 8 of the Statutory Accident Benefits Schedule.

The Tribunal found insufficient evidence of radiculopathy and rejected several of the applicant's expert ratings, ultimately determining a 25% physical whole person impairment (WPI).

Combined with psychological impairments, the applicant did not meet the 55% WPI threshold.

The Tribunal also found the applicant did not suffer three marked impairments in his spheres of functioning.

As the applicant did not meet the CAT threshold and the non-CAT limits were exhausted, the application for medical benefits, an award, and interest was dismissed.

The applicant sought statutory accident benefits following a 2019 motor vehicle accident, claiming he sustained a catastrophic impairment.

The Licence Appeal Tribunal assessed the applicant's impairments under criteria 7 and 8 of the Schedule.

The Tribunal found the applicant's whole person impairment rating was 46%, falling short of the 55% threshold required under criterion 7.

Under criterion 8, the Tribunal rejected the applicant's claim of a marked impairment in social functioning, finding his pre-accident history contradicted the expert's opinion.

The Tribunal also dismissed the applicant's claims for the cost of a catastrophic determination assessment, an award for unreasonable delay, and interest, as the applicant failed to meet his evidentiary onus.