Jackie Auger

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.

The applicant sought entitlement to various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule following a motor vehicle accident, including a massaging bathtub, a lightweight vacuum cleaner, physiotherapy, massage therapy, and a BrainEx group therapy program.

The respondent denied the treatment plans on the basis that they were not reasonable and necessary.

The Tribunal dismissed the application, finding that the applicant failed to meet her burden of proof.

The Tribunal preferred the objective medical evidence of the respondent's assessors, noting that the applicant's ongoing symptoms were largely attributable to pre-existing conditions such as fibromyalgia and chronic migraines, and that the requested treatments were either excessive in cost, unsupported by medical evidence, or unnecessary given the applicant's medical history.