Susan Javasky

The applicant, who was deemed catastrophically impaired following a motor vehicle accident, sought attendant care benefits and moving expenses.

The Licence Appeal Tribunal found the applicant entitled to $1,192.52 per month for attendant care, preferring the evidence of her treating occupational therapist regarding her need for emotional support and cueing.

The Tribunal denied the claim for moving expenses, finding the relocation was necessitated by the applicant's divorce rather than the accident, and thus did not qualify as a reasonable and necessary rehabilitation expense under the Schedule.

The applicant, a pedestrian struck by a vehicle, sought a determination that she sustained a catastrophic impairment due to psychological and emotional damage.

The Tribunal reviewed extensive medical and occupational therapy evidence, finding that the applicant's pre-accident active lifestyle had been replaced by severe avoidant behaviours, fatigue, and an inability to cope with stress.

Preferring the evidence of the applicant's psychiatric assessor over the respondent's, the Tribunal concluded the applicant suffered a marked impairment in the domain of adaptation.

The claims for interest and a special award were dismissed as there were no specific monetary benefits in dispute.

The applicant was injured in a severe motor vehicle accident that resulted in the death of her brother and severe injuries to her mother.

She applied for catastrophic impairment designation based on physical and psychological impairments, including chronic pain, PTSD, and depression.

The arbitrator found that the applicant sustained a catastrophic impairment, meeting both the 55% whole person impairment threshold and the Class 4 marked impairment threshold for mental and behavioural disorders.

The arbitrator rejected the insurer's psychological assessment, finding it ignored relevant medical history and evidence of significant functional limitations.

Claims for attendant care and housekeeping benefits were dismissed because the expenses were not 'incurred' as required by the Schedule, as no invoices were submitted and family members did not establish economic loss.

The applicant was awarded $1,440 for travel expenses and interest on overdue benefits, but the claim for a special award was dismissed.