The claimant was involved in an accident in 2016 and applied to the LAT seeking a CAT designation. The Tribunal found that the claimant had a CAT impairment as a result of one marked impairment in Adaptation. The adjudicator noted that the claimant could not return to work, had poor memory and recall, and was unable to adapt to any stressful circumstances. The insurer challenged the claimant’s medical examiner’s report on the basis that it relied on self-reporting. The Tribunal found that the medical examiner’s report did not solely rely on self-reporting but also looked at other evidence, including witness statements, and provided a satisfactory explanation of the claimant’s mental health. The adjudicator also refused to allow the insurer to disclose the clinical records of its IE psychiatrist during the course of the hearing, as the insurer could not provide a reasonable explanation for the late disclosure and it was prejudicial to the claimant.
