Leah Christie

The applicant sought a determination that he sustained a catastrophic impairment under Criterion 8 (mental or behavioural disorder) of the Statutory Accident Benefits Schedule following a motor vehicle accident.

The adjudicator found that the applicant's limitations in activities of daily living were predominantly caused by his physical impairments rather than a mental or behavioural disorder.

The applicant failed to establish a Class 4 (marked) impairment in activities of daily living, and thus could not meet the requirement of three Class 4 impairments.

Claims for various treatment plans were dismissed as the applicant's funding limits were exhausted.

However, the adjudicator granted an award of 25% under s. 10 of O. Reg. 664, finding that the respondent unreasonably delayed the payment of two invoices that it had previously agreed to pay.

The applicant was injured in a motorcycle accident and sought statutory accident benefits, claiming a catastrophic impairment due to a traumatic brain injury under section 3.1(1)4 of the Schedule.

The applicant relied on SPECT scans and an occupational therapy assessment to satisfy the two-prong test.

The Tribunal assigned no weight to the SPECT scans, finding they failed to distinguish the age of the injury or account for the applicant's pre-existing psychological issues.

As the applicant failed to establish positive findings of intracranial pathology on a medically recognized brain diagnostic technology, the application was dismissed.