Application for catastrophic impairment dismissed due to inconsistent reporting and failure to establish causation.
The applicant sought a determination that she sustained a catastrophic impairment due to mental and behavioural disorders following a 2016 motor vehicle accident.
The adjudicator found inconsistencies in the applicant's self-reporting to various assessors, including failing to disclose a post-accident trip to Hawaii, criminal charges, and a subsequent motor vehicle accident.
The adjudicator concluded the applicant failed to prove she suffered a marked impairment in three spheres of functioning.
Furthermore, the applicant failed to satisfy the 'but for' causation test, as the evidence did not establish the 2016 accident was a necessary cause of her psychological impairments.
The application was dismissed.
OLATOntario Licence Appeal TribunalDec 12, 2022