Ms. Greenspan

The applicant sought statutory accident benefits, claiming she sustained a catastrophic impairment under Criterion 8 (mental or behavioural disorder) following a motor vehicle accident.

The applicant argued she suffered a marked impairment in adaptation, relying on psychiatric and occupational therapy evidence.

The respondent contended the impairment was mild, pointing to pre-existing physical health issues and inconsistencies in the applicant's self-reported functioning.

The Tribunal found the applicant's evidence failed to differentiate between physical and mental impairments, concluding her limitations were primarily physical and pre-existing.

The Tribunal held the applicant suffered only a mild impairment in adaptation and did not meet the threshold for catastrophic impairment.

Both parties' requests for costs were dismissed.