Application for catastrophic impairment denied; applicant's mental and behavioural impairments deemed moderate, not marked.
The applicant was struck by a vehicle while riding his bicycle and applied for a determination of catastrophic impairment based on mental and behavioural disorders, specifically in the sphere of Adaptation.
The Tribunal weighed competing expert evidence, noting the applicant's upward trajectory in employment and poor validity testing results.
The Tribunal gave little weight to the applicant's occupational therapy assessment, finding the simulated work tasks unrealistic compared to his actual sustained employment.
Preferring the respondent's psychiatric evidence, the Tribunal found the applicant's impairments did not rise to the level of a marked impairment and dismissed the application.
OLATOntario Licence Appeal TribunalJan 20, 2021
