Mr. Kaul

The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits, including a determination of catastrophic impairment.

The Licence Appeal Tribunal found that the applicant sustained a catastrophic impairment under Criterion 8, concluding she suffered a class 5 extreme impairment in social function and class 4 marked impairments in concentration, persistence, pace, and adaptation due to mental and behavioural disorders.

The Tribunal awarded attendant care benefits at a reduced rate of $785.25 per month and approved several medical and rehabilitation treatment plans, including occupational therapy, physiotherapy, aquatherapy, and pet therapy.

The Tribunal also ordered the respondent to pay a 50% special award under s. 10 of Reg. 664, totaling $7,336.27, finding that the insurer unreasonably denied critical treatment plans early in the applicant's recovery.

The applicant sought a non-earner benefit and a chiropractic treatment plan following a motor vehicle accident.

The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove a complete inability to carry on a normal life, as medical records and insurer examinations indicated she remained independent in her activities of daily living.

The Tribunal also found the chiropractic treatment plan was not reasonable and necessary, as the family doctor's records did not support the need for treatment related to the accident.