C.K. v. TD General Insurance Company (18-007496)

The claimant sought a determination that she suffered a catastrophic impairment. She suffered serious physical injuries as a pedestrian struck by a vehicle. Vice Chair Flude held that the claimant suffered a Class 4 marked impairment in adaptation and therefore had a catastrophic impairment. The claimant was largely housebound since the accident due to tiredness and lack of motivation, more than five years after the accident. He preferred the opinions of the claimant’s treating occupational therapist and expert neuropsychologist, as they had more interaction with the claimant and had a more fulsome picture of the claimant’s abilities. Vice Chair Flude found the insurer’s IE reports to be more conclusory and unsupported by evidence.