The applicant requested reconsideration of a decision denying her claim for catastrophic impairment and various medical benefits following a motor vehicle accident.
She also filed a Notice of Constitutional Question, arguing the Tribunal's assessment of her psychiatric impairments violated s. 15(1) of the Charter.
The Vice-Chair granted the reconsideration in part, finding the Tribunal erred in denying six treatment plans based on the 260-week limit, as the respondent had previously admitted the policy allowed for 10 years of benefits.
A written rehearing was ordered for those six plans.
The reconsideration was otherwise dismissed, as the Tribunal made no error in its causation analysis for catastrophic impairment or its strict application of s. 38(2) for living accommodations.
The Charter challenge was also dismissed, as the Tribunal's causation analysis did not constitute adverse-effect discrimination against individuals with mental disabilities.
