The claimant was involved in a motor vehicle accident in May 2016. She applied to the LAT seeking CAT determination under Criteria 8 and entitlement to NEBs, ACBs, and numerous medical benefits. Adjudicator Grant applied the “but for” test to the issue of causation and found that although the evidence supported some level of psychological impairment as a direct result of the accident, the accident was not a necessary cause of the claimant’s current psychological impairments. In addition, Adjudicator Grant found that the claimant was not catastrophically impaired as her impairments did not meet the requirement of being “marked” within any of the four domains. Adjudicator Grant found that physical pain complaints had more of an impact on the claimant’s engagement in activities than her psychological impairments. As the claimant had reached the limit of her non-CAT benefits and was not catastrophically impaired, she was not entitled to NEBs, ACBs, or any of the medical benefits in dispute.
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