Insured awarded non-earner benefits, treatment costs, and a 33% special award for insurer's unreasonable delay.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including non-earner benefits, medical/rehabilitation treatments, and various assessments.
The insurer denied many of the benefits based on reports from its assessors.
The Licence Appeal Tribunal found that the applicant met the test for a complete inability to carry on a normal life and awarded non-earner benefits for the 104-week post-accident period.
The Tribunal also approved the disputed treatment plans and assessments, subject to the $2,000 statutory cap per assessment.
Furthermore, the Tribunal ordered the insurer to pay interest on overdue benefits and a special award of 33% under O. Reg. 664, finding that the insurer unreasonably delayed approving treatments that its own experts had recommended.
OLATOntario Licence Appeal TribunalMar 30, 2020
