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Applicant deemed catastrophically impaired under Criterion 8 due to marked mental and behavioural impairments.
The applicant sought a determination that she sustained a catastrophic impairment under Criterion 8 (mental and behavioural disorders) following a 2018 motor vehicle accident.
The respondent insurer denied the claim, arguing her impairments were largely due to a pre-existing 2011 slip and fall injury.
The Tribunal applied the 'but for' test and found the accident was a necessary cause of her current impairments.
Preferring the applicant's expert evidence, the Tribunal concluded the applicant suffered marked (Class 4) impairments in three domains: social functioning, concentration, persistence and pace, and adaptation.
The applicant was deemed catastrophically impaired.
