Attendant care benefits denied as applicant failed to prove economic loss by family care providers.
The applicant was injured in a motor vehicle accident and deemed catastrophically impaired.
She sought attendant care benefits, which the respondent denied.
The Tribunal found that while the applicant required some attendant care services for feeding and hygiene, she was not entitled to payment because she failed to prove that the services were 'incurred' under s. 3(7) of the Schedule, as there was no evidence of economic loss by her husband or mother who provided the care.
The Tribunal also dismissed the applicant's claim for an award under s. 10 of Regulation 664, finding no evidence that the respondent unreasonably withheld or delayed benefits.
The application was dismissed.
OLATOntario Licence Appeal TribunalSep 27, 2022
