Curtis Zizzo

The applicant sought statutory accident benefits following two motor vehicle accidents in 2013 and 2014, claiming he sustained a catastrophic impairment due to mental and behavioural disorders.

The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to prove a marked or extreme impairment in any of the four functional domains.

The Tribunal preferred the evidence of the respondent's experts, noting that the applicant's experts failed to adequately consider his extensive pre-existing medical and psychiatric conditions, including chronic pain, depression, and strokes.

The Tribunal also found that the disputed treatment plans for a functional ability evaluation and an attendant care assessment were not reasonable and necessary, as the applicant's ongoing impairments were primarily attributable to the progression of his pre-accident conditions.

Claims for an award and interest were consequently dismissed.

The appellant appealed an arbitrator's decision denying an adjournment request, permitting the withdrawal of her application for accident benefits, and awarding no costs.

The appellant argued the arbitrator failed to accommodate her under the Human Rights Code, failed to act on the insurer's non-compliance with benefit information requirements, and erred in denying costs.

The Director's Delegate dismissed the appeal, finding no error of law in the arbitrator's handling of the accommodation request, noting the benefit information issue was obiter dicta, and upholding the costs determination.

The applicant sought expenses following an arbitration hearing where he had mixed success.

The insurer was successful on the catastrophic impairment, attendant care, medical benefit, and special award issues, while the applicant was successful on the income replacement benefit issue.

Considering the monetary benefit the applicant received and the insurer's considerable success, the arbitrator awarded the applicant 50% of his claimed expenses, totaling $15,462.58 inclusive of fees, disbursements, and HST.

The Applicant was injured in a motor vehicle accident and sought accident benefits from the Insurer, including a declaration of catastrophic impairment, income replacement benefits (IRBs), attendant care benefits, and medical benefits.

The arbitrator found that the Applicant suffered a mental disorder but did not sustain a catastrophic impairment, as he did not have a marked impairment in any of the four domains of functioning.

However, the arbitrator concluded that the Applicant suffered a substantial inability to perform the essential tasks of his pre-accident employment and a complete inability to engage in any employment for which he was reasonably suited, entitling him to IRBs.

The claims for attendant care benefits, medical benefits, and a special award were dismissed.

The applicant was injured in a motor vehicle accident and applied for non-earner benefits.

The respondent denied the claim and later argued the applicant was statute-barred from appealing due to the two-year limitation period, and that the applicant could not advance the claim because a supportive disability certificate was not submitted until September 2016.

The Tribunal found the appeal was filed within the limitation period, which began running five days after the denial letter was mailed.

The Tribunal also held the applicant could advance his claim for non-earner benefits based on an October 2014 election of benefits and an incomplete disability certificate, as the respondent had sufficient information to know the applicant was claiming the benefit.