Mr. Moy

The applicant sought accident benefits following a 2019 motor vehicle accident, claiming catastrophic impairment due to psychological issues.

The adjudicator first held that the applicant was barred from disputing attendant care benefits because he failed to attend scheduled insurer's examinations without a valid reason.

On the catastrophic impairment issue, the adjudicator preferred the respondent's psychiatric assessment, finding that the applicant's marked psychological impairments were attributable to extensive pre-existing conditions, including bereavement following his mother's death, rather than the subject accident.

As the applicant did not meet the catastrophic impairment threshold and his non-catastrophic limits were exhausted, the claims for disputed treatment plans were dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, including medical and rehabilitative benefits, a non-earner benefit, and an attendant care benefit.

The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant's physical injuries were predominantly minor and that he failed to establish psychological impairments or chronic pain warranting removal from the MIG.

The Tribunal also dismissed the claims for non-earner and attendant care benefits, concluding the applicant did not suffer a complete inability to carry on a normal life and was precluded from attendant care benefits due to the minor injury classification.