Angela Hubbard

The applicant requested a reconsideration of a Licence Appeal Tribunal decision that denied various statutory accident benefits, including attendant care benefits, treatment plans, and medical cannabis.

The respondent brought a motion to strike new evidence filed in the applicant's reply submissions, which the Tribunal dismissed, finding the evidence was properly submitted in response to the respondent's arguments.

On the merits of the reconsideration, the Tribunal found that it had made errors of fact regarding an occupational therapy treatment plan, travel costs, and a psychological assessment, as it had failed to address the applicant's submissions and evidence on these issues.

The Tribunal granted the reconsideration in part, cancelling the decisions on those specific issues and ordering a re-hearing in writing.

The reconsideration was dismissed with respect to attendant care benefits, assistive devices, and medical cannabis, as the applicant failed to establish errors that would have changed the outcome.

The applicant sought various statutory accident benefits following a motor vehicle accident, including attendant care benefits, assistive devices, medical cannabis, and a psychovocational assessment.

The Tribunal denied the attendant care benefits because the applicant failed to prove the expenses were incurred after she dismissed her personal support worker.

Claims for a new mattress and medical cannabis were also dismissed for lack of medical evidence establishing them as reasonable and necessary.

However, the Tribunal granted the request for a psychovocational assessment, finding that the respondent's assessors had not adequately evaluated the applicant's ability to perform the heavy physical and mental demands of her pre-accident employment as a personal support worker.

The Tribunal also approved a prescription for Metformin, accepting that the applicant's accident-related inactivity exacerbated her pre-existing diabetes.

The claim for a special award was dismissed.

The applicant, who sustained catastrophic impairments in a motorcycle accident, sought various statutory accident benefits denied by the respondent insurer.

The Licence Appeal Tribunal found the applicant entitled to attendant care benefits of $6,000 per month, preferring the evidence of the applicant's occupational therapists who accounted for his fluctuating daily functionality over the respondent's assessor.

The Tribunal also awarded $87,809 for home modifications and capped the assessment cost at $2,200, finding most proposed modifications reasonable and necessary.

The claim for dietician services was granted due to the applicant's accident-related appetite loss and blood sugar management issues.

However, the Tribunal denied funding for service dog training, finding insufficient evidence that it was a reasonable and necessary medical benefit, and declined to order a special award as the insurer's denials were not unreasonable.