Ms. Kara

The applicant sought a determination that she sustained a catastrophic impairment as a result of a motor vehicle accident.

The dispute centered on whether she suffered a class 4 marked impairment in the Adaptation domain due to a mental or behavioural disorder.

The Tribunal applied the three-step test from Pastore and preferred the evidence of the applicant's experts, finding her credible regarding her chronic pain, social withdrawal, and inability to cope with stress.

The Tribunal concluded that the applicant's functioning in adaptation was significantly impeded, meeting the threshold for a catastrophic impairment.

The applicant was struck by a streetcar as a pedestrian and sought a catastrophic impairment designation under the Statutory Accident Benefits Schedule due to psychological, emotional, and behavioural impairments.

The respondent denied the designation.

The Tribunal found that the applicant sustained a traumatic brain injury resulting in a Class 4 (Marked) impairment in the Adaptation domain under Chapter 14 of the AMA Guides.

The Tribunal preferred the evidence of the applicant's experts, noting the applicant's inability to cope with stressors, recurring need to escape uncontrolled situations, and suicidal ideations.

The Tribunal concluded the applicant sustained a catastrophic impairment and is entitled to extended medical and rehabilitative treatment limits.