Applicant found to have sustained a catastrophic impairment due to marked mental and behavioural impairments.
The applicant was involved in a motor vehicle accident and sought a determination that she sustained a catastrophic impairment due to a mental or behavioural disorder.
The respondent denied the claim, arguing her impairments were mild to moderate and complicated by other factors.
The Tribunal applied Chapter 14 of the AMA Guides and preferred the evidence of the applicant's experts, finding that the applicant's psychological and cognitive symptoms significantly impeded her useful functioning.
The Tribunal concluded that the applicant sustained a marked (Class 4) impairment in the domains of Concentration, Persistence and Pace, and Adaptation, thereby meeting the threshold for catastrophic impairment.
OLATOntario Licence Appeal TribunalFeb 8, 2022