Reconsideration request dismissed; no procedural unfairness or errors in catastrophic impairment assessment found.
The applicant requested a reconsideration of a decision finding she did not sustain a catastrophic impairment.
She alleged breaches of procedural fairness, including the adjudicator's refusal to order late productions, exclusion of witnesses, and refusal to recuse himself for alleged bias.
She also alleged errors of fact and law in the assessment of her whole person impairment and social functioning under the AMA Guides.
The Tribunal dismissed the request, finding no breach of procedural fairness as the procedural rulings were justified and did not demonstrate bias.
Furthermore, the Tribunal found no errors of fact or law in the interpretation or application of the AMA Guides to the applicant's impairments.
OLATOntario Licence Appeal TribunalJul 12, 2023