The applicant sought reconsideration of a decision denying an attendant care benefit and a physiotherapy treatment plan following a motor vehicle accident.
The applicant argued the Tribunal erroneously decided the attendant care issue after it was withdrawn, relied improperly on hearsay evidence to make adverse credibility findings, and made factual errors regarding medical causation.
The Vice-Chair granted the reconsideration in part, amending the decision to remove the order regarding the attendant care benefit, as the Tribunal lacked jurisdiction to decide the withdrawn issue.
However, the Vice-Chair upheld the remainder of the decision, finding the evidence was properly considered for the remaining issues, the applicant had waived procedural fairness concerns by consenting to a written hearing, and the Tribunal's factual findings were supported by the evidence.
