2 total
Application for catastrophic impairment benefits dismissed; applicant failed to prove marked impairment from mental or behavioural disorder.
The applicant sought a determination of catastrophic impairment (Criterion 8) due to a mental or behavioural disorder following a motor vehicle accident, along with payment for prescriptions and interest.
The Tribunal found that the applicant did not suffer a marked impairment in the spheres of activities of daily living, social functioning, or adaptation, noting that the applicant's expert failed to adequately account for pre-existing physical and psychological conditions.
The Tribunal preferred the respondent's experts, concluding the applicant suffered at most moderate impairments.
The claims for prescriptions and interest were also dismissed.
Applicant designated catastrophically impaired; respondent's expert evidence rejected for using outdated tests and acting as a 'detective'.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming he sustained a catastrophic impairment.
The respondent denied the catastrophic designation, alleging the applicant was malingering, and denied treatment plans for chiropractic care and assessments.
The Tribunal found the applicant sustained a catastrophic impairment, preferring the evidence of the applicant's experts over the respondent's neuropsychologist, who used outdated tests and viewed her role as a 'detective'.
The Tribunal denied the chiropractic treatment plan as it was largely outside the scope of chiropractic practice.
The cost of a neuropsychological assessment was approved as reasonable and necessary, while a triage assessment was denied.
No co-appearing lawyers found.
No judges found.