2 total
Application for catastrophic impairment and attendant care benefits dismissed due to lack of causation and insufficient impairment ratings.
The applicant sought statutory accident benefits following a 2014 motor vehicle accident, claiming catastrophic impairment due to psychological and physical injuries, as well as attendant care benefits.
The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove on a balance of probabilities that the accident was a necessary cause of her psychological impairments, noting significant pre-existing conditions and surveillance evidence contradicting her reported limitations.
The Tribunal also found the applicant did not meet the whole person impairment threshold for physical and psychological impairments combined.
Claims for attendant care benefits were denied as the applicant was not catastrophically impaired and failed to prove the expenses were incurred.
Application for catastrophic impairment and accident benefits dismissed due to pre-existing severe mental health conditions.
The applicant sought statutory accident benefits following a 2019 motor vehicle accident, claiming catastrophic impairment due to mental and behavioural disorders.
The Licence Appeal Tribunal found that the applicant's pre-existing severe depression and anxiety were the primary causes of her impairments, and that her condition did not significantly worsen post-accident.
The Tribunal dismissed the claims for catastrophic impairment, attendant care benefits, and disputed treatment plans, finding the applicant failed to meet her burden of proof.
Claims for an award for unreasonable delay and interest were also dismissed.
No co-appearing lawyers found.
No judges found.