Mr. Morgan

The applicant, a minor, sought statutory accident benefits following a motor vehicle accident.

The respondent denied several treatment plans for occupational therapy, social rehabilitation counselling, rehabilitation therapy, and psychological services.

The Tribunal found the applicant entitled to the outstanding balance for occupational therapy and the full amount for rehabilitation therapy, as medical evidence supported their necessity for addressing cognitive and functional impairments.

However, the Tribunal denied the plans for social rehabilitation counselling and psychological services due to insufficient evidence, duplication, and non-compliance with the Professional Services Guideline.

Claims for a section 10 award and costs were also dismissed.

The applicant sought a determination that she sustained a catastrophic impairment as a result of a motor vehicle accident.

The dispute centered on whether she suffered a class 4 marked impairment in the Adaptation domain due to a mental or behavioural disorder.

The Tribunal applied the three-step test from Pastore and preferred the evidence of the applicant's experts, finding her credible regarding her chronic pain, social withdrawal, and inability to cope with stress.

The Tribunal concluded that the applicant's functioning in adaptation was significantly impeded, meeting the threshold for a catastrophic impairment.