Application for catastrophic impairment dismissed; pre-existing conditions primarily responsible for applicant's moderate mental and behavioral impairments.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming catastrophic impairment under Criterion 8 due to mental and behavioral disorders.
The Licence Appeal Tribunal found that the applicant's pre-existing irritable bowel syndrome and depression, along with the loss of family members, were the primary causes of her impairments.
The Tribunal preferred the respondent's expert evidence, concluding the applicant suffered only moderate (Class 3) impairments in activities of daily living, social functioning, and concentration, persistence, and pace.
As the applicant did not meet the threshold for catastrophic impairment and had exhausted her $65,000 non-catastrophic limits, all claims for disputed treatment plans and expenses were dismissed.
OLATOntario Licence Appeal TribunalApr 24, 2025
