Request for reconsideration dismissed; no errors of law or fact found in original accident benefits decision.
The applicant filed a Request for Reconsideration of a previous Tribunal decision that denied a retroactive Form 1 for attendant care benefits, 24/7 supervisory care, and applied the 2010 Schedule's definition of 'incurred' expenses and interest rate.
The applicant argued the Tribunal made errors of law and fact and breached procedural fairness.
The Adjudicator dismissed the request, finding no error of law regarding the retroactive Form 1, as the applicant failed to provide evidence of urgency or impracticability.
The Adjudicator also found no error in applying the 2010 Schedule's definition of 'incurred' and interest rate, citing section 268(1) of the Insurance Act.
Finally, the Adjudicator concluded there was no misapprehension of evidence regarding the applicant's need for supervisory care, as the original decision properly weighed the testimony of multiple witnesses.
OLATOntario Licence Appeal TribunalSep 17, 2020
