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Application for catastrophic impairment determination dismissed; applicant's mental and behavioural impairments found to be only moderate.
The applicant was injured in a motor vehicle accident and applied for a determination of catastrophic impairment under the Statutory Accident Benefits Schedule.
The core issue was whether his mental and behavioural impairments, specifically his cannabis dependence and adaptation difficulties, constituted a marked impairment (Class 4).
The arbitrator found the applicant's evidence lacking in credibility and preferred the insurer's expert evidence, concluding that the applicant's impairments were only moderate (Class 3) and his combined whole person impairment did not meet the 55% threshold.
The application was dismissed, and the insurer was awarded partial expenses due to the applicant's conduct prolonging the proceeding.
