The applicant sought a determination that she sustained a catastrophic impairment following a motor vehicle accident, claiming entitlement to attendant care, medical, and rehabilitation benefits beyond the $65,000 non-catastrophic limit.
The Tribunal assessed her impairments under criteria 7 (whole person impairment) and 8 (mental or behavioural impairment) of the Statutory Accident Benefits Schedule.
The adjudicator found the applicant's combined whole person impairment was 42%, falling short of the 55% threshold, and that she did not suffer a marked impairment in three or more areas of function.
Consequently, the application for benefits and a section 10 award was dismissed.
The Tribunal also dismissed the applicant's motion for punitive damages for lack of jurisdiction and awarded $2,000 in costs to the respondent due to the applicant bringing frivolous and vexatious motions alleging criminal conduct and contempt.
