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Catastrophic impairment claim dismissed; applicant failed to prove causation and expert reports excluded for lack of cross-examination.
The applicant sought statutory accident benefits, claiming catastrophic impairment under Criteria 7 and 8 following a 2006 motor vehicle accident.
The Licence Appeal Tribunal found that the applicant failed to prove catastrophic impairment, noting pre-existing depression and degenerative disc disease, as well as multiple subsequent accidents.
The Tribunal excluded several of the applicant's expert reports because the experts were not called to testify, denying the respondent the right to cross-examine.
As the applicant was not catastrophically impaired, all claims for treatment plans, assessments, and attendant care incurred more than 10 years post-accident were dismissed.
Claims for a section 10 award and interest were also dismissed, and no costs were awarded to the respondent.
