Mr. J. Amchislavsky

The applicant sought a determination of catastrophic impairment under criterion 8 and entitlement to income replacement benefits following a motor vehicle accident.

The respondent brought a preliminary motion to bar the application due to the applicant's failure to attend a follow-up insurer's examination.

The Tribunal dismissed the motion, finding the requested examination was not reasonable and necessary given the timing and lack of new issues.

On the substantive issues, the Tribunal found the applicant failed to prove she suffered a catastrophic impairment, preferring the respondent's experts who found her impairments were moderate and largely attributable to a pre-existing major depressive episode.

The Tribunal also dismissed the claims for income replacement benefits, an award, and interest.

The applicant was involved in a motor vehicle accident and sought statutory accident benefits, claiming she sustained a catastrophic impairment due to a mental or behavioural disorder.

The Tribunal applied the Pastore test and found that the applicant suffered from class 4 (marked) impairments in activities of daily living, social functioning, and adaptation, meeting the threshold for catastrophic impairment.

The Tribunal also awarded $4,077.72 in attendant care benefits with interest, but dismissed the claim for a special award under s. 10 of Regulation 664, finding the insurer did not unreasonably withhold payments.