Catastrophic impairment and attendant care benefits denied; applicant demonstrated high cognitive and physical function post-accident.
The applicant sought a determination of catastrophic impairment and entitlement to attendant care benefits following a motor vehicle accident that resulted in a traumatic brain injury.
The central issue was whether the applicant's brain injury restricted his ability to work such that he met the criteria for catastrophic impairment under the GOS-E Guideline.
The Tribunal found that the applicant was capable of working in a reduced capacity, as evidenced by his post-accident construction work and his role teaching martial arts to children, and therefore did not meet the threshold for catastrophic impairment.
The Tribunal also dismissed the claim for attendant care benefits, finding the applicant to be highly functional both physically and cognitively, and denied the claim for interest.
OLATOntario Licence Appeal TribunalSep 21, 2023
