Ms. Au

The applicant was injured in a motor vehicle accident while riding his bicycle and sought various statutory accident benefits, including a determination of catastrophic impairment.

The Licence Appeal Tribunal found that the applicant did not meet the criteria for catastrophic impairment under the Schedule, preferring the insurer's expert evidence that the applicant did not suffer a marked psychological impairment.

However, the Tribunal found the applicant was entitled to non-earner benefits, as his physical injuries caused a complete inability to carry on a normal life.

Claims for attendant care, housekeeping, and certain treatment plans were dismissed as not reasonable and necessary, though an occupational therapy assessment was approved.

The claim for a special award was denied.

The applicant sought statutory accident benefits following a motor vehicle accident, specifically claiming costs for an attendant care assessment and a chronic pain assessment.

The respondent denied the benefits on the basis of the Minor Injury Guideline and because they were not reasonable and necessary.

The Tribunal found that the applicant failed to meet her burden of proof, as she submitted no medical evidence to support her claims and did not rebut the respondent's medical reports.

The application was dismissed, and no benefits or interest were awarded.