Ms. Shaw

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 was struck by a streetcar as a pedestrian and sought a catastrophic impairment designation under the Statutory Accident Benefits Schedule due to psychological, emotional, and behavioural impairments.

The respondent denied the designation.

The Tribunal found that the applicant sustained a traumatic brain injury resulting in a Class 4 (Marked) impairment in the Adaptation domain under Chapter 14 of the AMA Guides.

The Tribunal preferred the evidence of the applicant's experts, noting the applicant's inability to cope with stressors, recurring need to escape uncontrolled situations, and suicidal ideations.

The Tribunal concluded the applicant sustained a catastrophic impairment and is entitled to extended medical and rehabilitative treatment limits.