The minor applicant was struck by a garbage truck at age six and sought statutory accident benefits, claiming a catastrophic impairment.
The respondent insurer denied the catastrophic designation.
The Licence Appeal Tribunal considered competing neuropsychological evidence regarding the applicant's functioning and adaptation in the school setting.
The Tribunal preferred the evidence of the applicant's expert and found that the applicant sustained a class 4 marked impairment in adaptation due to mental and behavioural disorders caused by the accident.
The Tribunal concluded the applicant sustained a catastrophic impairment and is entitled to expanded benefits.
