Tribunal partially approves treatment plans and grants a $600 award for unreasonable denial of benefits.
The applicant sought statutory accident benefits following a motor vehicle accident, including attendant care benefits and various treatment plans for occupational therapy, physiotherapy, social work, and a psychological assessment.
The Licence Appeal Tribunal denied the claim for attendant care, finding the applicant failed to prove an ongoing need.
However, the Tribunal approved several of the treatment plans, either in whole or in part, finding them reasonable and necessary.
The Tribunal also granted an award under s. 10 of O. Reg. 664, ordering the respondent to pay $600 (15% of the denied occupational therapy benefits) because it unreasonably maintained its denial despite its own assessor recommending the treatment.
Preliminary motions regarding page limits and striking portions of the applicant's reply submissions were also addressed.
OLATOntario Licence Appeal TribunalApr 1, 2025