The claimant sought a determination that she suffered a catastrophic impairment as a result of a 2012 accident, due to psychological impairment, and claimed a special award. She was 15 years old at the time of the accident and had been diagnosed with Autism Spectrum Disorder prior to the accident. The insurer argued that the claimant’s post-accident psychological and emotional impairments were not caused by the accident, and were related to her pre-existing condition. Adjudicator Paluch agreed with the insurer and dismissed the application. He found that the accident was not the main cause of the claimant’s psychological impairments, and that the claimant had pervasive developmental issues, severe learning disability, memory problems, depression, anxiety, and social withdrawal well prior to the accident. These impairments would have continued regardless of the accident. He accepted the opinion of the insurer’s psychiatrist that the accident caused, at most, a Class 2 Mild Impairment in adaptation. He rejected the claimant’s expert’s opinion that the claimant suffered from a Class 4 Marked Impairment in adaptation. The claim for a special award was also dismissed because no benefits were in dispute.
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