Lisa Bynoe-Stevens

The applicant sought statutory accident benefits, claiming he suffered severe psychological injuries following the death of his mother in a motor vehicle accident.

The respondent denied the claims, arguing the applicant was not an 'insured person' under s. 3(1) of the Schedule because his psychological issues were pre-existing and not caused by the accident.

The Tribunal found that the applicant had significant pre-existing psychological impairments, including major depression, and failed to establish on a balance of probabilities that these conditions were caused or aggravated by his mother's death.

The Tribunal gave little weight to the applicant's s. 25 psychological assessment because it relied on inaccurate self-reporting and the assessors did not review pre-accident records.

The application was dismissed, along with claims for interest, a special award, and costs.