Attendant care and medical benefits partially granted; claims lacking objective justification or statutory basis dismissed.
The applicant, a pedestrian struck by a vehicle in a parking lot, sought entitlement to attendant care benefits and various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule.
The Licence Appeal Tribunal found the applicant entitled to a reduced attendant care benefit for a limited period, preferring the respondent's occupational therapy assessment which accounted for the applicant's right-hand dominance.
The Tribunal also approved treatment plans for chiropractic and physiotherapy services, finding them reasonable and necessary for pain relief.
However, claims for an orthopaedic mattress, extended psychological sessions, occupational therapy, and transportation expenses were dismissed due to non-attendance at an insurer's examination, lack of justification, and statutory limitations.
OLATOntario Licence Appeal TribunalSep 23, 2020
