Mr. C. Wong

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

The respondent denied the claim, relying on its psychiatric assessor who found only mild to moderate impairments.

The Tribunal preferred the evidence of the applicant's assessors, noting that they appropriately included pain-related impairments and relied on functional occupational therapy assessments which demonstrated the applicant's significant deterioration when challenged by tasks.

The Tribunal concluded the applicant suffered marked impairments in three of four functional domains and declared her catastrophically impaired.

The applicant, who suffered severe physical injuries in a motorcycle accident, sought a catastrophic impairment designation under Criterion 8 of the Statutory Accident Benefits Schedule based on mental and behavioural disorders.

The Licence Appeal Tribunal found that the applicant failed to demonstrate a marked impairment in three of four functional domains or an extreme impairment in one domain.

The Tribunal gave limited weight to the applicant's psychiatric expert due to conclusory analysis and reliance on outdated occupational therapy reports, preferring the respondent's occupational therapy assessment and surveillance evidence showing the applicant retained useful functioning.

As the applicant was not catastrophically impaired and had exhausted his standard medical and rehabilitation limits, his claims for an occupational therapy treatment plan and an award for unreasonable delay were dismissed.