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Tribunal partially approves accident benefits for CAT assessment and orders special award for unreasonable delay.
The applicant was injured in a bus accident and sought various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule.
The respondent denied several treatment plans, including a catastrophic impairment assessment, assistive devices, and various therapies.
The Tribunal found that the applicant proved the OT CAT assessment and related forms were reasonable and necessary, noting the respondent's own assessor had recommended them.
However, the Tribunal dismissed the claims for the other treatment plans due to a lack of contemporaneous medical evidence.
The Tribunal also ordered the respondent to pay a special award of $440 under s. 10 of O. Reg. 664, finding that the respondent unreasonably delayed the OT CAT assessment for over four years despite its own assessor's recommendation.
Tribunal awards psychological treatment plan but denies other accident benefits due to non-compliance and insufficient evidence.
The applicant, a resident of China injured in a tour bus crash in Ontario, sought various statutory accident benefits including non-earner benefits, attendant care, and multiple treatment plans.
The Licence Appeal Tribunal denied the non-earner benefits due to the applicant's failure to provide an updated disability certificate as reasonably requested by the insurer.
The Tribunal also denied the attendant care benefits and most of the treatment plans, finding the applicant failed to meet her burden of proving they were reasonable and necessary.
However, the Tribunal approved a treatment plan for psychological services, finding the applicant continued to experience significant psychological symptoms that warranted further treatment.
The claim for a bad faith award was dismissed.
Tribunal grants psychological treatment plan but denies attendant care benefits due to lack of incurred expense evidence.
The applicant sought statutory accident benefits following a motor vehicle accident, including attendant care benefits and several treatment plans.
The Licence Appeal Tribunal denied the attendant care benefits, finding the applicant failed to prove the expenses were incurred, noting contradictory evidence and a lack of detailed invoices.
The Tribunal also denied treatment plans for physiotherapy, occupational therapy, and life skills training, as the applicant failed to establish they were reasonable and necessary or payable due to insurer non-compliance.
However, the Tribunal granted the treatment plan for psychological services, finding it reasonable and necessary based on the applicant's progress and ongoing symptoms.
The claim for a special award was dismissed.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The Applicant sought statutory accident benefits following a motor vehicle accident, claiming physical and psychological impairments that fell outside the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the Applicant failed to meet her burden of proving her injuries warranted treatment beyond the $3,500 MIG cap.
The Tribunal preferred the respondent's medical evidence, noting symptom magnification and a lack of validity testing in the applicant's psychological assessment.
All claims for medical benefits, assessments, interest, and an award were dismissed.
No co-appearing lawyers found.
No judges found.