Attendant care benefits denied; applicant failed to prove accident caused increased behavioural issues.
The applicant, who has pre-existing non-verbal autism, sought attendant care benefits following a motor vehicle accident, alleging the accident caused increased violent and unpredictable behaviour.
The respondent denied the benefits.
The Licence Appeal Tribunal dismissed the application, finding that the incurred expenses were not for services outlined in the approved Form 1 and that the applicant failed to prove the accident caused the behavioural changes.
The Tribunal preferred the respondent's occupational therapy assessment, which was supported by contemporaneous medical and school records showing significant pre-existing behavioural issues, over the applicant's assessment.
OLATOntario Licence Appeal TribunalAug 21, 2024
