Mohan Iyengar

The applicant, catastrophically impaired after being struck by a vehicle as a pedestrian, sought attendant care benefits (ACB), apartment rental costs for an independent living trial, a special award, and interest.

The Tribunal found the applicant entitled to the higher ACB quantum of $3,028.54 per month, rejecting the insurer's reliance on superseded guidelines to cap hourly rates below minimum wage.

However, past ACB was not payable as it was provided by the applicant's mother without demonstrated economic loss.

The claim for apartment rental costs was dismissed as it did not qualify as a rehabilitation benefit under s. 16(3) of the Schedule.

Claims for a special award and interest were also dismissed.

The applicant sought a determination that she sustained a catastrophic impairment under Criterion 8 (mental or behavioural impairments) following a minor motor vehicle accident.

The Tribunal found that the applicant failed to establish that the accident was a necessary cause of her impairments, noting an extensive pre-accident medical history of physical and psychological disability that the applicant had minimized.

Furthermore, the Tribunal preferred the respondent's expert evidence, concluding that the applicant did not suffer a Class 4 marked impairment in three or more areas of functioning.

The application was dismissed.