Application for a special award dismissed; insurer reasonably relied on contemporaneous medical assessments to adjust benefits.
The applicant, who was catastrophically impaired in a 2005 dirt bike accident, sought a special award under s. 10 of Regulation 664, alleging the respondent insurer acted in bad faith and unreasonably withheld attendant care and medical rehabilitation benefits.
The adjudicator found that the respondent reasonably relied on contemporaneous occupational therapy assessments to adjust and eventually discontinue attendant care benefits.
The applicant failed to prove what additional medical and rehabilitation benefits he ought to have received or that the respondent managed his file in bad faith.
The application was dismissed.
OLATOntario Licence Appeal TribunalJul 29, 2022
