Applicant awarded partial accident benefits previously approved by insurer; remaining claims and bad faith award dismissed.
The applicant was injured in a motor vehicle accident and deemed catastrophically impaired.
They sought various statutory accident benefits, including attendant care benefits, medical and rehabilitation expenses, and an award for unreasonable delay.
The Licence Appeal Tribunal found the applicant entitled to a reduced amount of attendant care benefits, case management services, and chiropractic treatment, as the insurer had previously approved or partially approved these amounts.
The remaining claims for assessments, assistive devices, and other treatments were dismissed for lack of medical evidence proving they were reasonable and necessary.
The Tribunal declined to make an award under section 10 of Regulation 664, finding the insurer did not unreasonably withhold or delay payments.
OLATOntario Licence Appeal TribunalMar 2, 2022
