The applicant sought statutory accident benefits following a 2019 motor vehicle accident, claiming catastrophic impairment due to mental and behavioural impairments.
At the outset of the hearing, the adjudicator denied the applicant's request for an adjournment, noting the significant delay, previous adjournments, and the new counsel's lack of preparation.
The hearing proceeded with the applicant self-represented after her counsel failed to appear.
The adjudicator found the applicant did not sustain a catastrophic impairment, as she failed to prove a marked impairment in three of the four spheres of functioning under Criterion 8.
The adjudicator also dismissed the claims for post-104-week income replacement benefits and attendant care benefits, finding insufficient medical evidence of a complete inability to work and no evidence of incurred attendant care expenses.
As the applicant's non-catastrophic limits were exhausted, the claims for medical benefits and expenses were also dismissed.
