The claimant applied to the LAT seeking CAT determination under Criteria 8 and entitlement to post-104 IRBs . Vice-Chair Shapiro applied the “but for” test to the issue of causation. Vice-Chair Shapiro found that the claimant’s current stand-up comedy activities were a “hobby” and not a career that disqualified the claimant from post-104 IRBs. The “hobby” netted the claimant part-time income that was “not nearly commensurate with his pre-accident position.” The claimant was entitled to post-104 IRBs less post-accident income and any applicable deductions, including deductions for CPP disability benefits. The CAT analysis focused on whether the claimant had a Class 4 impairment in ADLs. Vice-Chair Shapiro considered the claimant’s very mild functional limitations on most days as well as his limitations in acute periods and found that overall the clamant had an ADL rating lower than a Class 4. The claimant was found not to be CAT as he did not suffer a Class 4 impairment in 2 of the 4 domains.
