The applicant sought a determination of catastrophic impairment under criterion 8 and entitlement to income replacement benefits following a motor vehicle accident. The respondent brought a preliminary motion to bar the application due to the applicant's failure to attend a follow-up insurer's examination. The Tribunal dismissed the motion, finding the requested examination was not reasonable and necessary given the timing and lack of new issues. On the substantive issues, the Tribunal found the applicant failed to prove she suffered a catastrophic impairment, preferring the respondent's experts who found her impairments were moderate and largely attributable to a pre-existing major depressive episode. The Tribunal also dismissed the claims for income replacement benefits, an award, and interest.
Citation: Yeung v. The Dominion of Canada General Insurance Company (Travelers), 2024 ONLAT 23-007052/AABS
Licence Appeal Tribunal File Number: 23-007052/AABS
In the matter of an application pursuant to [subsection 280(2)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-i8/latest/rso-1990-c-i8.html) of the [Insurance Act](https://www.canlii.org/en/on