Catastrophic impairment and most treatment plans denied; cannabis oil expense granted with a 35% award.
The applicant sought a determination of catastrophic impairment under Criterion 8 (mental and behavioural disorders) and entitlement to various medical and rehabilitation benefits following a motor vehicle accident.
The Tribunal found that the applicant did not sustain a catastrophic impairment, placing limited weight on her experts due to her inconsistent self-reporting and failure to account for intervening events.
The Tribunal denied the disputed treatment plans for occupational therapy, physiotherapy, psychological services, and bathroom renovations, finding them not reasonable and necessary.
However, the Tribunal granted the cost of prescribed cannabis oil, noting that a treatment plan was not required for expenses under $250, and ordered a 35% award against the respondent for unreasonably withholding payment for the cannabis oil.
OLATOntario Licence Appeal TribunalAug 23, 2024
