Rehabilitation benefit for a new home denied as applicant failed to assess modifying existing apartment.
The applicant, who was catastrophically impaired following a motor vehicle accident, sought a rehabilitation benefit of $1,277,130.00 for the purchase and modification of a new single-level detached home.
The applicant relied on reports from an occupational therapist and a housing accessibility expert, arguing his current high-rise apartment was unsuitable.
The Tribunal dismissed the claim, finding the housing report unreasonable because it failed to assess the cost of modifying the applicant's existing apartment or consider a ground-floor apartment.
The Tribunal held that the insurer's cost obligations could not be determined without an assessment of the cost to renovate the existing home, and the applicant failed to meet his burden of proving the benefit was reasonable and necessary.
OLATOntario Licence Appeal TribunalOct 22, 2021
