Hadi Namati

The applicant was injured in a motor vehicle accident and sought non-earner benefits, medical benefits for physiotherapy, an attendant care assessment, an award, and interest.

The respondent denied the benefits.

The Tribunal found that the applicant did not meet the test for a non-earner benefit, as medical evidence showed he had resumed most pre-accident activities shortly after the accident.

The Tribunal also denied the physiotherapy treatment plan, preferring the respondent's orthopaedic assessment which found no objective evidence of significant impairment.

The attendant care assessment was denied because it was incurred before the treatment plan was submitted, contrary to s. 38(2) of the Schedule.

Claims for an award and interest were consequently dismissed.