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Minor with pre-existing disabilities deemed catastrophically impaired after accident significantly increased his dependency.
The applicant, an eight-year-old with severe pre-existing disabilities, was struck by a vehicle and sustained a traumatic brain injury.
He applied for a determination of catastrophic impairment under s. 3(2)(d)(ii) of the Statutory Accident Benefits Schedule, arguing that the accident significantly increased his dependency and need for daily support.
The respondent argued that the accident did not exacerbate his pre-existing impairments.
The Tribunal found the applicant's evidence, including his mother's testimony and the Omega Medical Associates assessment, more compelling.
The Tribunal concluded that the applicant's condition worsened significantly after the accident, increasing his dependencies, and deemed him catastrophically impaired.
Catastrophic impairment and non-earner benefits denied due to malingering and pre-existing disability; limited benefits awarded.
The applicant sought statutory accident benefits following a motor vehicle accident, including a determination of catastrophic impairment, non-earner benefits, attendant care, housekeeping, and medical benefits.
The arbitrator found that the applicant failed to prove catastrophic impairment, noting evidence of sub-maximal effort and malingering on psychological tests, and surveillance contradicting physical impairment claims.
The claim for non-earner benefits was dismissed because the applicant was already completely unable to carry on a normal life prior to the accident due to a pre-existing major depressive disorder.
However, the arbitrator awarded attendant care, housekeeping, and certain medical benefits for the first 12 months post-accident, finding them reasonable and necessary for that limited period.
Claims for a special award were dismissed.
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