Ms. Nikita D'Souza

The applicant sought a determination that he sustained a catastrophic impairment under Criterion 8 (mental or behavioural disorder) following a 2017 motor vehicle accident.

The Tribunal evaluated the four domains of function under the AMA Guides.

Preferring the evidence of the applicant's experts, the Tribunal found the applicant sustained marked impairments in Activities of Daily Living, Concentration, Persistence and Pace, and Adaptation.

As the applicant demonstrated marked impairment in three domains, he met the test for catastrophic impairment.

The claim for a section 10 award was dismissed as no specific benefits were ordered payable.

The applicant sought a determination that he sustained a catastrophic impairment under Criterion 8 (mental and behavioural disorders) following a 2012 motor vehicle accident.

The Tribunal found that the applicant's multidisciplinary catastrophic impairment evaluation was conducted in compliance with section 45(2)1 of the Schedule.

However, the Tribunal concluded that the applicant did not sustain a Marked (Class 4) impairment in the domain of Adaptation.

The Tribunal preferred the evidence of the respondent's experts, finding that the applicant's self-reporting was unreliable and that his psychological impairments did not significantly impede his useful functioning.