Dr. Bruce Baxter

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's denial of treatment plans for psychological, occupational therapy, and physiotherapy services, as well as transportation costs and a claim for an award.

The Tribunal found the psychological, occupational therapy, and physiotherapy plans reasonable and necessary, preferring the evidence of the applicant's assessors and treating practitioners over the respondent's section 44 assessors.

However, the Tribunal denied the transportation expenses associated with the occupational therapy and physiotherapy plans, as the applicant failed to demonstrate compliance with the Schedule's transportation expense guidelines.

The claim for an award under section 10 of Regulation 664 was also dismissed due to a lack of submissions.

The applicant was injured in a rear-end motor vehicle accident and subsequently developed complete hearing loss in his left ear and partial hearing loss in his right ear due to a labyrinthine concussion.

He applied for non-earner benefits, housekeeping benefits, and a determination of catastrophic impairment.

The arbitrator found that the applicant's hearing loss and resulting psychological impairments continuously prevented him from engaging in substantially all of his pre-accident activities, entitling him to non-earner benefits.

The arbitrator also concluded that the applicant sustained a catastrophic impairment under criterion (g) of the Schedule, as his psychological impairments resulted in a Class 4 marked impairment in the sphere of social functioning.

The claim for housekeeping benefits was dismissed.

The insurer was ordered to pay the applicant's arbitration expenses.