Applicant awarded non-earner and attendant care benefits, plus a 5% special award for insurer's unreasonable delay.
The applicant sought statutory accident benefits following a 2014 motor vehicle accident.
The Tribunal found the applicant was entitled to non-earner benefits from August 2014 onward, as chronic pain practically prevented her from engaging in substantially all of her pre-accident activities.
The Tribunal also awarded attendant care benefits at a reduced rate of $1,081.40 per month, relying on an early occupational therapy assessment rather than later assessments that recommended the maximum catastrophic limit.
Claims for various treatment plans and medications were largely dismissed due to non-compliance with s. 33 requests and incomplete forms.
The Tribunal granted a 5% special award under s. 10 of O. Reg. 664, finding the insurer unreasonably delayed payment of the non-earner benefit by failing to properly adjust the file and notify the applicant of the purpose of insurer examinations.
OLATOntario Licence Appeal TribunalDec 21, 2023
