Application for catastrophic impairment designation dismissed as mental and behavioural impairments did not reach marked level.
The applicant sought a determination that she sustained a catastrophic impairment under Criterion 8 of the Statutory Accident Benefits Schedule due to mental or behavioural disorders following a motor vehicle accident.
The Tribunal reviewed expert evidence and the applicant's self-reported activities, including maintaining sobriety, driving long distances, and regaining custody of her children.
The Tribunal preferred the respondent's experts, finding that the applicant's impairments in social functioning, concentration, persistence and pace, and adaptation did not reach the marked (Class 4) level required for a catastrophic impairment designation.
The application was dismissed.
OLATOntario Licence Appeal TribunalOct 2, 2024
