Tribunal awards $3,121.57 monthly for attendant care and $750 for orthotics following catastrophic impairment.
The applicant was catastrophically injured in a motor vehicle accident and sought statutory accident benefits, including custom orthotics and attendant care benefits (ACBs).
The respondent denied the orthotics and partially denied the ACBs.
The Tribunal found the orthotics were reasonable and necessary, noting the respondent's notice was proper but the medical evidence supported the claim.
Regarding ACBs, the Tribunal weighed competing Form 1 assessments, finding the applicant's assessor recommended excessive hours while the respondent's assessor failed to account for the applicant's psychological impairments and lack of motivation.
The Tribunal awarded ACBs at $3,121.57 per month.
Claims for a Regulation 664 award were dismissed, but interest was awarded on overdue payments.
OLATOntario Licence Appeal TribunalMay 1, 2023
