2 total
Application for non-earner and attendant care benefits dismissed as applicant failed to meet evidentiary burden.
The applicant sought non-earner benefits and attendant care benefits following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to prove she suffered a complete inability to carry on a normal life, as she was able to drive and travel internationally post-accident.
The Tribunal also denied attendant care benefits, preferring the respondent's detailed assessments over the applicant's unsupported occupational therapy assessment.
Claims for an award and interest were consequently dismissed.
Application for accident benefits dismissed; housekeeping expenses time-barred and knee brace not reasonable or necessary.
The applicant sought statutory accident benefits for housekeeping and home maintenance expenses, as well as a rehabilitation benefit for a knee brace, following a 2010 motor vehicle accident.
The Licence Appeal Tribunal denied the housekeeping expenses because they were incurred more than 104 weeks after the onset of disability and the applicant had not sustained a catastrophic impairment.
The Tribunal also denied the knee brace, finding it was not reasonable and necessary, as medical evidence indicated the applicant's ongoing knee issues were related to pre-existing osteoarthritis rather than the accident.
The application was dismissed in its entirety.
No co-appearing lawyers found.
No judges found.