Khan v. Aviva Insurance Company of Canada (21-003298)

The claimant disputed entitlement to a catastrophic impairment designation, attendant care benefits of $6,000 per month, and various medical benefits. The insurer argued that the claimant’s impairments were a result of subsequent injuries and events in his life. Adjudicator Lester concluded that the accident was not the “but for” cause of the claimant’s impairments, and he did not suffer a catastrophic impairment. The subsequent accident and life stressors still would have occurred and led the psychological diagnosis preventing him from engaging in life activities. For the same reasons, the claims for ACBs and medical benefits were dismissed.