Dr. Joseph

The applicant sought various statutory accident benefits following a 2017 motor vehicle accident.

The Licence Appeal Tribunal held a written hearing to determine entitlement to attendant care benefits, multiple treatment plans for social worker counselling, occupational therapy, assistive devices, medical cannabis, catastrophic impairment assessments, mileage, and a special award.

The Tribunal partially granted the attendant care benefits, excluding amounts for emotional support.

Claims for social worker counselling and social rehab counselling were dismissed or reduced to align with FSCO Guidelines, particularly rejecting excessive travel time and planning fees.

The Tribunal approved occupational therapy services, assistive devices (less amounts previously settled), medical cannabis, and capped the catastrophic impairment assessments at $2,000 each.

Claims for mileage and a special award were dismissed.

Interest was awarded on overdue benefits.

The applicant sought a determination that he sustained a catastrophic impairment (CAT) due to psychological impairments following a 2012 motor vehicle accident, and claimed housekeeping and attendant care benefits.

The respondent argued the impairments were caused by a prior 2006 accident and that the housekeeping claim was statute-barred.

The Tribunal applied the discoverability rule from Tomec, finding the housekeeping claim was not statute-barred since the applicant could not claim it until deemed CAT.

The Tribunal found the 2012 accident exacerbated the applicant's pre-existing condition, causing Somatic Symptom Disorder and Major Depressive Disorder.

Preferring the applicant's expert evidence, the Tribunal concluded the applicant sustained a marked impairment in activities of daily living, social functioning, and adaptation, meeting the CAT threshold under Criterion 8.

The applicant was awarded housekeeping benefits upon proof they are incurred, but attendant care benefits and a bad faith award were denied.