T.B. v. Echelon General Insurance Company (19-001347)

The claimant sought a determination that she suffered a catastrophic impairment due to a Class 4 Marked Impairment in either concentration, persistence, and pace, or adaptation. Adjudicator Ferguson held that the claimant did not satisfy the criteria to meet a Class 4 marked impairment in either category. While the claimant did suffer mental impairments as a result of the accident, her impairment was only sufficient to meet a Class 2 or Class 3 impairment. The claimant was able to live independently, travel on her own, she was not receiving psychiatric treatment any longer, and was not using psychiatric medications. The claimant’s subjective reporting in her assessments was of limited value because of factual errors and poor validity testing.