Dr. Paul A. Derry

The applicant sought a determination that she sustained a catastrophic impairment as a result of a motor vehicle accident, specifically under criterion 8 (mental or behavioural disorder).

The Tribunal first dismissed preliminary motions to exclude the respondent's late expert report and to strike photographs of the applicant's injuries.

On the substantive issue, the Tribunal preferred the evidence of the applicant's expert psychologist, finding that the applicant suffered from severe depressive amotivation, pain avoidance, and dependency on her spouse.

The Tribunal concluded that the applicant sustained marked impairments in the domains of activities of daily living, concentration, persistence and pace, and adaptation.

Consequently, the applicant was deemed catastrophically impaired and awarded the outstanding cost of a catastrophic impairment assessment, plus interest.

A claim for a special award was dismissed.

The applicant sought a determination of catastrophic impairment based on a mental and behavioural disorder following a 2017 motor vehicle accident.

The respondent argued the applicant's psychological impairments predated the accident and were caused by prior life events, including a 2013 accident and trauma in his home country.

The Tribunal found that the applicant was receiving disability benefits prior to the 2017 accident and had a documented history of similar physical and psychological symptoms.

Applying the 'but for' test, the Tribunal concluded the 2017 accident was not a necessary cause of the applicant's impairments and dismissed the application.