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A.K. v. Allstate Insurance (17-008646)

  • January 14, 2020

The claimant sought a determination that she suffered a catastrophic impairment. Adjudicator Gosio concluded that the claimant suffered a catastrophic impairment as a result of a Class 4 marked impairment in adaptation. The claimant suffered psychological injuries as a result of the accident, including pain disorder, major depressive disorder, and anxiety disorder with features of post-traumatic stress. The claimant had not returned to work in the nine years since the accident. While she remained independent with personal care, she was much slower with pacing. Her husband managed most of the grocery shopping. The claimant’s credibility went largely unchallenged in the hearing. Adjudicator Gosio was particularly critical of the IE assessor, whose draft report had indicated a Class 4 marked impairment in adaptation; the assessor explained that it was part of a “training exercise” for the 2016 changes to the CAT definition.

Full decision here

TGP Analysis

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  • FILED UNDER Catastrophic Impairment
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