Application for catastrophic impairment and accident benefits dismissed; psychological issues found to be pre-existing.
The applicant sought a determination of catastrophic impairment and entitlement to attendant care and housekeeping benefits following a 2013 motor vehicle accident.
The Licence Appeal Tribunal found that the applicant's psychological issues, primarily anxiety, were pre-existing and related to prior health crises, not the accident.
The Tribunal concluded the applicant did not sustain a catastrophic impairment under either the 55% whole person impairment threshold or the marked impairment in adaptation criterion, noting her ability to travel, socialize, and adapt to her pain.
Because the applicant was not catastrophically impaired, her claims for attendant care and housekeeping benefits were dismissed as time-barred and not payable.
OLATOntario Licence Appeal TribunalFeb 22, 2023
