Attendant care benefits denied, but insurer ordered to pay 25% award for unreasonably delaying treatment plans.
The applicant was injured in a bicycle/motor vehicle collision and sought attendant care benefits and an award for unreasonably delayed treatment plans.
The Tribunal found the applicant was not entitled to attendant care benefits as she had regained independence in her activities of daily living.
However, the Tribunal found the insurer unreasonably delayed approving four treatment plans by keeping the applicant in the Minor Injury Guideline despite receiving a neurologist's report diagnosing a concussion.
The Tribunal awarded 25% of the value of the delayed plans ($2,657.54) plus interest.
OLATOntario Licence Appeal TribunalDec 9, 2024