2 total
Applicant found catastrophically impaired due to severe psychological and physical injuries; attendant care claims dismissed as not incurred.
The applicant was injured in a severe motor vehicle accident that resulted in the death of her brother and severe injuries to her mother.
She applied for catastrophic impairment designation based on physical and psychological impairments, including chronic pain, PTSD, and depression.
The arbitrator found that the applicant sustained a catastrophic impairment, meeting both the 55% whole person impairment threshold and the Class 4 marked impairment threshold for mental and behavioural disorders.
The arbitrator rejected the insurer's psychological assessment, finding it ignored relevant medical history and evidence of significant functional limitations.
Claims for attendant care and housekeeping benefits were dismissed because the expenses were not 'incurred' as required by the Schedule, as no invoices were submitted and family members did not establish economic loss.
The applicant was awarded $1,440 for travel expenses and interest on overdue benefits, but the claim for a special award was dismissed.
Claims for psychological services and assistive devices dismissed for failing to prove reasonableness and necessity.
The applicant was injured in a motor vehicle accident and sought payment for two treatment plans under the Statutory Accident Benefits Schedule: $3,558.72 for psychological services and $2,772.32 for assistive devices.
The Licence Appeal Tribunal dismissed both claims.
The Tribunal found the applicant failed to prove the psychological services were reasonable and necessary, preferring the respondent's independent examination report.
The claim for assistive devices was also dismissed as the applicant failed to prove the disputed amount was reasonable and necessary beyond the modified amount already paid by the respondent.
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