Licence Appeal Tribunal File Number: 21-007794/AABS
In the matter of an application pursuant to subsection 280(2) of the [Insurance Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-
The applicant sought a determination of catastrophic impairment (CAT) under criterion 8 of the Statutory Accident Benefits Schedule following a motor vehicle accident. The respondent denied the CAT designation, arguing the applicant's impairments were caused by pre-existing conditions and prior accidents. The Tribunal applied the "but for" test and found the accident caused the applicant's psychological impairments, including somatic symptom disorder. The Tribunal concluded the applicant suffered a marked impairment in activities of daily living, concentration, persistence and pace, and adaptation, thereby meeting the CAT threshold. However, the applicant's claims for travel expenses for his daughter's flight and out-of-town CAT assessments were dismissed for lack of evidence establishing they were reasonable and necessary. The claim for an award under s. 10 of Regulation 664 was also dismissed.