The minor claimant sought a determination that he was catastrophically impaired. Both parties agreed that the claimant suffered a traumatic brain injury and soft tissue injuries in the accident, but the claimant had significant pre-existing medical problems, including a brain injury, epilepsy, developmental delay and autism spectrum disorder. Insurer examinations determined that the claimant was not catastrophically impaired, as the accident may not have exacerbated the claimant’s pre-existing impairments. Adjudicator Lester concluded that the claimant was catastrophically impaired. She found that the claimant had provided sufficient evidence that his pre-accident impairment, abilities and limitations were worsened by the accident. Although he had many challenges prior to the accident, the claimant appeared to have been improving. The accident caused an increase in daily support and dependencies to a degree that met the definition of catastrophic impairment.
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