2 total
Applicant found catastrophically impaired due to marked impairment in activities of daily living; attendant care awarded.
The applicant sought a determination of catastrophic impairment and entitlement to attendant care benefits, cost of examinations, interest, and an award following a 2007 motor vehicle accident.
The Licence Appeal Tribunal found the applicant sustained a catastrophic impairment under Criterion 8, specifically a Class 4 Marked impairment in the domain of Activities of Daily Living due to chronic pain and psychological impairments.
The Tribunal awarded attendant care benefits at $507.03 per month for feeding, along with the costs of an occupational therapy situational assessment and an in-home attendant care assessment.
Claims for a triage assessment, an award under Regulation 664, and costs were dismissed.
Applicant entitled to Loss of Earning Capacity offer and partial accident benefits for fibromyalgia and psychological impairments.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including a Loss of Earning Capacity (LECB) offer, medical expenses, transportation expenses, and attendant care/housekeeping benefits.
The insurer disputed the claims, arguing the applicant was not substantially disabled and that her psychological symptoms were the result of a pre-existing histrionic personality disorder rather than the accident.
The arbitrator found that the applicant was substantially unable to perform the essential tasks of her employment due to a combination of physical and psychological factors, including fibromyalgia and depression.
Applying the thin skull rule, the arbitrator held that the accident materially contributed to her impairment, entitling her to an LECB offer.
The arbitrator also awarded transportation expenses and a modest amount of housekeeping benefits, but denied the claims for a cervical collar and orthotics.
No linked lawyers found.
No linked judges found.
