Accident benefits claim dismissed; non-earner benefits statute-barred and catastrophic impairment not established.
The applicant sought statutory accident benefits following a motor vehicle accident, including a determination of catastrophic impairment and non-earner benefits.
The Licence Appeal Tribunal found the claim for non-earner benefits was statute-barred due to the applicant's failure to submit an OCF-3 within 104 weeks of the accident.
The Tribunal also concluded the applicant did not sustain a catastrophic impairment, preferring the respondent's psychiatric assessment over the applicant's, noting the applicant's assessor failed to consider a pre-existing ADHD diagnosis.
Claims for various treatment plans and expenses were dismissed for lack of evidence establishing reasonableness and necessity.
OLATOntario Licence Appeal TribunalOct 24, 2023
