Application for catastrophic impairment and IRBs dismissed; partial attendant care benefits awarded subject to proof incurred.
The applicant sought statutory accident benefits following a 2018 motor vehicle accident, including a determination of catastrophic impairment, income replacement benefits (IRBs), attendant care benefits (ACBs), and medical benefits.
The Tribunal found the applicant was barred from claiming IRBs because she failed to apply or qualify within 104 weeks of the accident.
The Tribunal also determined the applicant did not sustain a catastrophic impairment, finding the impairment ratings provided by her assessors were inflated and unsupported by the medical record.
The applicant was awarded ACBs of $905.34 per month from May 31, 2022, subject to proof the expenses were incurred, but her claims for medical benefits, examination expenses, and an award for unreasonable delay were dismissed.
OLATOntario Licence Appeal TribunalOct 20, 2023