Ms. Cristyn Franic

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.

The applicant was injured in an all-terrain vehicle rollover and sought a determination of catastrophic impairment under Criteria 6, 7, and 8 of the Statutory Accident Benefits Schedule.

The Tribunal found that the applicant did not meet the 55% whole person impairment threshold under Criteria 6 or 7, preferring the respondent's medical assessments over the applicant's, noting that the applicant's chiropractor improperly assigned ratings outside his scope of practice and without conducting in-person assessments.

The Tribunal also found the applicant did not suffer marked impairments in the spheres of function under Criterion 8.

Additionally, the Tribunal ordered the applicant to repay $9,977.20 in overpaid income replacement benefits to the respondent, plus interest.