Ms. Kugathasan

The applicant sought statutory accident benefits following a motor vehicle accident, including attendant care benefits, medical and rehabilitation benefits, and the cost of various assessments.

The insurer denied the benefits.

The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to demonstrate that the claimed attendant care benefits were incurred or reasonable and necessary, given her self-reported independence with activities of daily living.

The Tribunal also found that the proposed psychological, chiropractic, and neurological assessments and treatments were not reasonable and necessary, preferring the evidence of the insurer's examiners.

As no benefits were payable, claims for interest and a special award were also dismissed.

The applicant was involved in a motor vehicle accident and sought various statutory accident benefits, including income replacement benefits (IRBs), attendant care benefits (ACBs), medical benefits, and cost of examination expenses.

The insurer denied the benefits.

The Tribunal found that the applicant did not suffer a substantial inability to perform the essential tasks of his pre-accident employment as an Uber driver, dismissing the IRB claim.

The ACB claim was also dismissed as the applicant failed to establish the benefits were reasonable and necessary beyond the period already paid.

The Tribunal granted funding for assistive devices and an in-home assessment, preferring the evidence of the applicant's in-home assessor.

The claim for psychological services was partially granted due to the insurer's deficient notice under s. 38(8) of the Schedule.

Claims for physiotherapy, chiropractic, dental services, and other assessments were dismissed for lack of persuasive medical evidence.

The request for an award for unreasonably withheld payments was denied.