Mr. Drinkwater

The applicant sought a determination of catastrophic impairment (CAT) under Criterion 8 (mental and behavioural disorders) and entitlement to post-104-week income replacement benefits (IRBs) following a motor vehicle accident.

The Tribunal found that the applicant's psychological and physical impairments were primarily caused by a pre-existing slip and fall incident, not the motor vehicle accident.

The Tribunal noted significant credibility issues, including surveillance footage and evidence of the applicant's ongoing involvement in complex real estate and construction projects, which contradicted his reported functional limitations.

The application was dismissed, and claims for an award and interest were denied.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The insurer denied certain benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant suffered from chronic pain that caused significant functional impairment, thereby removing her from the MIG.

The Tribunal ordered the insurer to pay for disputed occupational therapy and chiropractic treatment plans, finding them reasonable and necessary.

However, the Tribunal dismissed the applicant's claim for ongoing income replacement benefits, concluding she failed to prove a substantial inability to perform the essential tasks of her pre-accident employment.