Ms. Billet

The applicant sought post-104-week income replacement benefits (IRBs) following a motor vehicle accident.

The respondent terminated IRBs at the 104-week mark based on insurer examinations suggesting the applicant did not suffer a complete inability to engage in suitable employment.

The Tribunal found that the applicant's pre-existing psychological impairments, primarily anxiety, were exacerbated by the accident and prevented her from maintaining employment or self-employment.

The Tribunal preferred the applicant's medical evidence over the respondent's dated assessments.

The applicant was awarded ongoing IRBs, though the quantum was reduced to $107.25 per week due to an initial calculation error by the employer, plus interest on overdue amounts.

The applicant was injured in a bicycle-motorcycle collision and sought various statutory accident benefits, including a determination of catastrophic impairment (CAT).

The Licence Appeal Tribunal found that the applicant sustained a catastrophic impairment due to a marked impairment in the adaptation domain resulting from psychological and behavioural disorders.

However, the Tribunal dismissed the applicant's claims for post-104 week income replacement benefits, finding he did not suffer a complete inability to work.

Claims for attendant care and housekeeping benefits were also dismissed because the applicant failed to prove his father, the service provider, suffered an economic loss.

A claim for a special award was denied as the insurer did not unreasonably withhold benefits.