The applicant sought retroactive attendant care benefits (ACBs), housekeeping and home maintenance benefits (HKHM), chiropractic services, and occupational therapy services following a 1997 motor vehicle accident that resulted in a catastrophic impairment.

The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove that the delay in submitting a retroactive Form 1 was due to urgency, impossibility, or impracticability, as required by the Morrissey decision.

The Tribunal also found no evidence that the ACB or HKHM expenses were actually incurred.

Furthermore, the requested chiropractic treatment and a one-year golf membership were deemed not reasonable and necessary based on the medical evidence.

Claims for a section 10 award, interest, and costs were also dismissed.

The applicant, a self-employed bagel maker, claimed he lost his business due to physical and mental impairments sustained in a motor vehicle accident.

He sought income replacement benefits, attendant care, housekeeping, and a determination of catastrophic impairment due to a mental or behavioural disorder.

The insurer denied the claims, alleging the applicant was malingering.

The arbitrator found that while the applicant suffered from genuine psychological dysfunction, it predated the accident and was caused by pre-existing business, financial, and marital stressors.

The arbitrator concluded the applicant did not suffer a catastrophic impairment, failed to prove pre-accident self-employment income, and unreasonably withheld business records.

All claims were dismissed except for a small amount of incurred treatment expenses, for which a 50% special award was granted due to the insurer's unreasonable denial.