Tribunal awards costs for mental/behavioural assessment and interest on unreasonably suspended income replacement benefits.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied portions of a treatment plan for catastrophic impairment assessments and suspended income replacement benefits due to the applicant's non-attendance at an assessment.
The Tribunal found the mental/behavioural assessment was reasonable and necessary, awarding its cost and associated HST, but denied the cost of a comprehensive file review as a duplication of services.
The Tribunal also found the applicant provided a reasonable explanation for missing the assessment due to illness, making the suspended income replacement benefits overdue and subject to interest.
An award of $370 was granted against the respondent for unreasonably withholding the benefits despite the explanation.
OLATOntario Licence Appeal TribunalJan 8, 2025
