The applicant, a pedestrian struck by a vehicle, sought a determination of catastrophic impairment under criteria 7 and 8 of the Statutory Accident Benefits Schedule, along with various medical, rehabilitation, and attendant care benefits.
The Licence Appeal Tribunal found the applicant's expert evidence regarding her physical and mental/behavioural whole person impairment (WPI) ratings to be unreliable, preferring the respondent's experts who correctly applied the AMA Guides.
The Tribunal concluded the applicant did not meet the 55% WPI threshold under criterion 7, nor did she demonstrate marked impairments in three functional domains under criterion 8.
As the applicant's non-catastrophic benefit limits were exhausted, all claims for disputed benefits, awards, and interest were dismissed.
