Catastrophic impairment claim dismissed; specific treatment plans granted including one due to deficient denial notice.
The applicant sought a determination of catastrophic impairment and entitlement to various treatment plans following a motor vehicle accident.
The Tribunal found that the applicant did not meet the 55% whole person impairment threshold under either Criterion 6 (physical) or Criterion 7 (combined physical and psychological), assessing his physical impairment at 37% and combined impairment at 43%.
The Tribunal denied the claim for outstanding catastrophic impairment assessments, finding them duplicative.
However, the Tribunal granted the cost of a NuStep cross trainer, finding it reasonable and necessary for the applicant's rehabilitation.
The Tribunal also granted the cost of a neurovisual assessment because the insurer's denial notice failed to comply with the requirements of s. 38(8) of the Schedule.
The applicant's request for costs was dismissed.
OLATOntario Licence Appeal TribunalMay 15, 2025
