Revital Shuster

The applicant was injured in a motorcycle accident and sought a determination that he sustained a catastrophic impairment under criterion 8 of the Statutory Accident Benefits Schedule due to mental and behavioural disorders.

The respondent denied the claim, arguing the applicant's impairments were moderate and stemmed from pre-existing conditions.

The Tribunal preferred the evidence of the applicant's assessors, finding that the applicant suffered marked impairments in the spheres of activities of daily living, social functioning, concentration, persistence and pace, and adaptation.

The Tribunal concluded the applicant is catastrophically impaired.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming she sustained a catastrophic impairment under Criterion 8 of the Schedule.

The Tribunal found the applicant's expert evidence persuasive, concluding she suffered a Class 4 (Marked) Impairment in all four domains of function due to psychological and somatic symptom disorders.

The respondent's expert evidence was given little weight due to critical errors.

However, the Tribunal dismissed the applicant's claims for various treatment plans and assessments, finding she failed to provide sufficient evidence or identify the goals to prove they were reasonable and necessary.