Ms. Korman

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's denial of treatment plans for assistive devices, a neuropsychological assessment, and physiotherapy.

The Licence Appeal Tribunal found the applicant was entitled to a robot vacuum, miscellaneous assistive devices, and occupational therapy, but denied the costs associated with a hot tub.

The Tribunal also approved a psychological assessment and physiotherapy, finding them reasonable and necessary based on the medical evidence.

Furthermore, the Tribunal ordered the respondent to pay a special award of $440 under s. 10 of O. Reg. 664 for unreasonably denying the psychological assessment, along with interest on overdue benefits.

The applicant, a pedestrian struck by a vehicle, sought statutory accident benefits for attendant care, assistive devices, and psychological and physiological treatment.

The insurer denied the claims.

The Licence Appeal Tribunal found that the applicant was entitled to the psychological treatment plan, as the evidence demonstrated that his pre-existing psychological issues were exacerbated by the accident.

However, the claims for attendant care and assistive devices were dismissed because the applicant failed to prove they were reasonable and necessary, and failed to provide evidence that the expenses were incurred.

A claim for a special award was also dismissed, as the insurer's denials were not improper.