Tribunal awards maximum supervisory attendant care and 50% special award for insurer's unreasonable delay.
The applicant was injured in a 1994 motor vehicle accident and sought a supervisory level of attendant care benefits (ACB) and several treatment plans after reopening her claim in 2015.
The respondent denied the benefits, arguing a lack of causation and relying on insurer's examinations that recommended minimal care.
The Tribunal found the applicant suffered from conversion disorder causing unpredictable, debilitating tremors, necessitating 24/7 supervisory care for her safety.
The Tribunal awarded the maximum $3,000 monthly ACB, past ACB, and all disputed treatment plans.
Furthermore, the Tribunal ordered a 50% special award against the respondent under s. 10 of Regulation 664, finding the insurer's prolonged reliance on a baseless causation argument to deny benefits was excessive, stubborn, and unreasonable.
OLATOntario Licence Appeal TribunalMar 15, 2023
