The claimant applied to the LAT seeking entitlement to NEBs. Causation was an issue at the hearing. Adjudicator Johal held that the test to determine causation is the “but for” test. The claimant submitted that he had one episode of psychosis a couple of months prior to the accident, but a formal diagnosis of psychosis was not made until he had multiple hospitalizations following the accident. Adjudicator Johal found that the accident was not a necessary cause of the claimant’s impairments, and that the claimant did not establish on a balance of probabilities that he would not have suffered the impairments “but for” the accident. Adjudicator Johal also found that the claimant did not meet the test to be entitled to NEBs, regardless of the causation issue.
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