Mr. Varun Madan

The applicant was struck by a vehicle while cycling and sought income replacement benefits (IRBs) under the Statutory Accident Benefits Schedule.

The respondent terminated pre-104 week IRBs on March 1, 2021, based on insurer's examinations.

The Tribunal found the applicant was not entitled to the remainder of the pre-104 week IRBs, as her ongoing post-concussive symptoms were attributable to a pre-accident sports injury rather than the subject accident.

However, the Tribunal found the applicant experienced a severe deterioration in her accident-related psychological conditions, culminating in a catastrophic impairment finding and multiple hospitalizations for suicidal ideation.

Applying the stringent post-104 week test, the Tribunal concluded the applicant suffered a complete inability to engage in any suitable employment as of April 11, 2023.

The applicant was awarded post-104 week IRBs from that date onward, plus interest.

The applicant was involved in a motor vehicle accident and sought statutory accident benefits, including a determination of catastrophic impairment under Criterion 8 (mental and behavioural disorders).

The Tribunal found that the applicant did not sustain a catastrophic impairment, as she did not demonstrate marked impairments in three out of four domains of functioning.

The Tribunal preferred the evidence of the respondent's assessors, who found the applicant capable of living independently and managing daily activities.

The applicant's claims for attendant care benefits, housekeeping benefits, and various treatment plans were also dismissed, as she failed to prove they were reasonable and necessary or incurred in accordance with the Schedule.