Applicant deemed catastrophically impaired due to marked psychological impairment in adaptation following pedestrian-bus collision.
The applicant was struck by a city bus as a pedestrian, sustaining soft tissue injuries and a mild traumatic brain injury.
She subsequently developed severe depression, anxiety, and post-traumatic stress disorder.
She applied for a determination that her impairments met the catastrophic threshold under the Statutory Accident Benefits Schedule.
The Tribunal found that while her cognitive complaints were largely psychogenic rather than organic, her psychological impairments were genuine and severely debilitating.
Relying on comprehensive neuropsychological and occupational therapy assessments, the Tribunal concluded the applicant suffered a marked impairment in the adaptation domain, thereby meeting the criteria for a catastrophic impairment under s. 2(1.2)(g) of the Schedule.
OLATOntario Licence Appeal TribunalJul 14, 2017
