The claimant applied for CAT designation for injuries arising from a 2017 accident. The insurer acknowledged that the claimant was catastrophically impaired, but argued that he had already been impaired before the accident occurred. The insurer argued that the claimant had been taking prescription medications for depression and sleep difficulties before the accident. The claimant had also been seeing a physiatrist regularly and had discussed going on long-term disability in the year leading up to the accident due to physical impairments. At the hearing, the claimant’s friends and family testified that the claimant had been a very socially active, funny, and well-liked person, and that he had changed significantly in his social activities and temperament following the accident. The claimant’s family doctor also testified that despite his physical and psychological impairments, the claimant would have been functionally capable of continuing in his pre-accident employment had the accident not occurred. Adjudicator Tyler Moore accepted the evidence of the claimant’s witnesses and held that he had suffered a catastrophic impairment as a result of the accident.
