Applicant v. Toronto Transit Commission (18-009821)

The claimant sought a determination that he suffered a catastrophic impairment as a result of the accident. Adjudicator Boyce agreed with the claimant and concluded that he suffered a Class 4 marked impairment in adaptation, as well as a WPI in excess of 55 percent. Although the claimant presented with multiple credibility issues, Adjudicator Boyce was persuaded that the claimant’s brain injury resulted in significant changes in function, including the inability to work as a chef, having to sign over power of attorney to his wife, and several documented suicide attempts. He preferred the evidence of the medical experts testifying for the claimant, who provided more coherent opinions and withstood cross-examination.