The claimant was injured in an accident in 2014. She applied to the LAT seeking a catastrophic impairment determination under Criteria 8. Adjudicator Lake found that a failure to return to one’s pre-accident employment is not on its own evidence of a Class 4 “marked” impairment in the domain of Adaptation and determined that the claimant failed to prove that she sustained a CAT impairment. Adjudicator Lake placed limited weight on the opinions of the claimant’s OT and psychiatry assessors because (a) the claimant failed to report her actual level of function to the CAT assessors and (b) the psychiatry assessor strayed from his role as an expert and became an advocate for the applicant. The application was dismissed.
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