Kelly Wendt

The applicant was involved in a motor vehicle accident and sought statutory accident benefits, including a determination of catastrophic impairment under criterion 8 (mental and behavioural impairments).

The Licence Appeal Tribunal found that the applicant suffered a marked impairment in three spheres of functioning (Activities of Daily Living, Social Functioning, and Adaptation) and was therefore catastrophically impaired.

The Tribunal awarded attendant care benefits of $3,233.31 per month but dismissed the applicant's claims for various treatment plans, assessments, and a special award, finding insufficient evidence to support those claims.

The applicant sought a determination that she sustained a catastrophic impairment (Criterion 8) due to psychological impairments following a motor vehicle accident, as well as entitlement to a treatment plan for optometric services.

The Tribunal found that while the applicant had marked impairments in Concentration, Persistence and Pace, and Adaptation, she did not meet the threshold of three marked impairments or one extreme impairment required for catastrophic designation.

The Tribunal also dismissed the claim for optometric services, preferring the respondent's ophthalmological assessment that found no accident-related ocular sequelae over the applicant's neuro-optometrist report.

The application was dismissed in its entirety.

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 motor vehicle accident, claiming she sustained a catastrophic impairment due to a mental or behavioural disorder under Criterion 8 of the Schedule.

The Tribunal assessed the applicant's functioning across four spheres: activities of daily living, social functioning, concentration, persistence and pace (CPP), and adaptation.

While the Tribunal found a marked impairment in CPP, it concluded the applicant only sustained moderate impairments in the other three spheres.

As the applicant did not demonstrate a marked impairment in three or more spheres, or an extreme impairment in one, the application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied income replacement benefits (IRB) and various medical and rehabilitation benefits, arguing the applicant failed to comply with requests for information under s. 33 of the Schedule.

The Tribunal found the applicant adequately complied with the s. 33 requests and was procedurally entitled to the IRB.

The Tribunal also found that a proposed mattress and chiropractic treatment were reasonable and necessary, preferring the evidence of the applicant's treating practitioners over the respondent's assessors.

The applicant was awarded the disputed benefits with interest.