Dr. L. Becker

The applicant sought statutory accident benefits following a 2019 motor vehicle accident, claiming catastrophic impairment due to mental and behavioural impairments.

At the outset of the hearing, the adjudicator denied the applicant's request for an adjournment, noting the significant delay, previous adjournments, and the new counsel's lack of preparation.

The hearing proceeded with the applicant self-represented after her counsel failed to appear.

The adjudicator found the applicant did not sustain a catastrophic impairment, as she failed to prove a marked impairment in three of the four spheres of functioning under Criterion 8.

The adjudicator also dismissed the claims for post-104-week income replacement benefits and attendant care benefits, finding insufficient medical evidence of a complete inability to work and no evidence of incurred attendant care expenses.

As the applicant's non-catastrophic limits were exhausted, the claims for medical benefits and expenses were also dismissed.

The applicant was injured while riding a public bus and sought statutory accident benefits, including non-earner benefits, catastrophic impairment assessments, and various medical and rehabilitation benefits.

The Licence Appeal Tribunal found that the applicant did not suffer a complete inability to carry on a normal life, dismissing the claim for non-earner benefits.

However, given the applicant's significant pre-existing conditions and accident-related physical and psychological injuries, the Tribunal found the catastrophic impairment assessments reasonable and necessary, excluding a file review fee.

The Tribunal also approved a neurological assessment and a psychological treatment plan, while dismissing the remaining treatment plans.

The applicant, a registered nurse, was struck by a school bus and claimed catastrophic impairment due to physical, cognitive, and psychological injuries.

The insurer disputed the catastrophic designation and denied ongoing attendant care and housekeeping benefits.

The arbitrator found the applicant sustained a catastrophic impairment under both the marked mental/behavioural impairment threshold and the 55% whole person impairment threshold, preferring the evidence of the applicant's experts who properly accounted for her severe depression and chronic pain.

The arbitrator awarded ongoing attendant care, housekeeping benefits, the cost of a cellphone, and a special award due to the insurer's unreasonable delay in reinstating income replacement benefits.