The claimant applied to the LAT seeking CAT determination as a result of a traumatic brain injury (Category 4). The parties agreed that the claimant met the criterion under s. 3.1(1)4.i of the SABS. The parties disagreed as to whether she also met the necessary criterion under s. 3.1(1)4.ii. Vice-Chair Lester found that the claimant’s assessors took an overly specific view of the GOSE questionnaire and answered each question contemplating every intricate detail concerning the claimant. Vice-Chair Lester agreed with the insurer’s assessors, who took a more generalized approach to the GOSE questionnaire and answered the questions with a view that the claimant’s actions did not need to be completed perfectly and focused on whether the claimant was capable of completing the listed tasks and was capable of reacting appropriately when errors were made. Vice-Chair Lester further found that the GOSE questionnaire must be completed by a physician or neuropsychologist. The claimant did not meet the definition for catastrophic impairment under the SABS.
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