Application for accident benefits dismissed; attendant care claim statute-barred and catastrophic impairment not proven.
The applicant sought statutory accident benefits following a motor vehicle accident, including a determination of catastrophic impairment, attendant care benefits, and various medical and assessment expenses.
The Licence Appeal Tribunal found that the claim for attendant care benefits was statute-barred as it was filed beyond the two-year limitation period, and declined to extend the time.
The Tribunal also concluded that the applicant failed to prove she suffered a catastrophic impairment, preferring the respondent's expert evidence over the applicant's.
Consequently, the claims for housekeeping benefits, chiropractic treatment, and a chronic pain assessment were all dismissed.
OLATOntario Licence Appeal TribunalJul 20, 2018