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Tribunal awards partial home modifications for fall risk but denies extensive renovations and special award.
The applicant, who sustained a catastrophic impairment (traumatic brain injury) in a 2012 motor vehicle accident, sought $97,398.08 for home modifications.
The Licence Appeal Tribunal found the applicant was partially entitled to the modifications, specifically bilateral handrails on stairs and releveling of front steps, to address his ongoing intermittent dizziness and fall risk.
Requests for a curb-less shower, deck, and private therapy room were denied as not reasonable or necessary.
The Tribunal awarded interest on overdue benefits but dismissed the applicant's claims for a special award under s. 10 of Reg. 664 and costs under Rule 19.
Application for catastrophic impairment benefits dismissed; applicant failed to prove marked impairment from mental or behavioural disorder.
The applicant sought a determination of catastrophic impairment (Criterion 8) due to a mental or behavioural disorder following a motor vehicle accident, along with payment for prescriptions and interest.
The Tribunal found that the applicant did not suffer a marked impairment in the spheres of activities of daily living, social functioning, or adaptation, noting that the applicant's expert failed to adequately account for pre-existing physical and psychological conditions.
The Tribunal preferred the respondent's experts, concluding the applicant suffered at most moderate impairments.
The claims for prescriptions and interest were also dismissed.
No co-appearing lawyers found.
No judges found.