Alex B. Tzaferis

The applicant, who was catastrophically impaired following a motor vehicle accident, sought statutory accident benefits for home modifications and assistive devices.

The Licence Appeal Tribunal found that the applicant was entitled to $8,960.22 for assistive devices, including a wheelchair and a specialized mattress, as they were reasonable and necessary to improve her independence and manage pain.

However, claims for a housing assessment balance and architectural drawings were dismissed, as the insurer had already paid the maximum allowable for the assessment, and the drawings were premature without an approved home modification plan.

The claim for an award under O. Reg. 664 was also dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for psychological assessments, psychological treatment, and physiotherapy.

The respondent insurer denied the benefits.

The Licence Appeal Tribunal found that the applicant failed to discharge the burden of proving that the proposed treatments and assessments were reasonable and necessary.

The Tribunal preferred the evidence of the respondent's experts, who found minimal psycho-emotional distress and no objective evidence of physical impairment, over the conflicting and inconsistent reports of the applicant's experts.

The application was dismissed.