2 total
Catastrophic impairment and attendant care claims dismissed; applicant failed to prove marked impairments or economic loss.
The applicant sought a determination that she sustained a catastrophic impairment and was entitled to attendant care benefits following a motor vehicle accident.
The Tribunal found that the applicant did not sustain a catastrophic impairment, as her psychological and physical impairments did not meet the threshold of three or more marked impairments under Criterion 8.
The Tribunal also denied the claim for attendant care benefits, finding that the applicant failed to prove her spouse suffered an economic loss to provide the care, and therefore the expenses were not incurred.
Claims for interest and a special award were also dismissed.
Application for income replacement benefits dismissed as statute-barred due to late submission of OCF-3.
The applicant sought income replacement benefits following a motor vehicle accident but failed to submit a Disability Certificate (OCF-3) within 30 days of receiving the application package, as required by the Statutory Accident Benefits Schedule.
The applicant argued that the limitation period should be extended due to the COVID-19 pandemic under O. Reg. 73/20.
The Tribunal found that the limitation period expired well before the pandemic began and that the applicant failed to provide a reasonable explanation for the delay.
The Tribunal also held that it lacks jurisdiction to grant relief from forfeiture under section 129 of the Insurance Act.
The application was dismissed as statute-barred.
