Application for retroactive attendant care and housekeeping benefits dismissed for failing to prove incurred expenses or urgency.
The applicant sought retroactive attendant care benefits (ACBs), housekeeping and home maintenance benefits (HKHM), chiropractic services, and occupational therapy services following a 1997 motor vehicle accident that resulted in a catastrophic impairment.
The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove that the delay in submitting a retroactive Form 1 was due to urgency, impossibility, or impracticability, as required by the Morrissey decision.
The Tribunal also found no evidence that the ACB or HKHM expenses were actually incurred.
Furthermore, the requested chiropractic treatment and a one-year golf membership were deemed not reasonable and necessary based on the medical evidence.
Claims for a section 10 award, interest, and costs were also dismissed.
OLATOntario Licence Appeal TribunalSep 15, 2023
