Applicant denied catastrophic impairment status but awarded non-earner benefits due to physical limitations.
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.
OLATOntario Licence Appeal TribunalJun 8, 2022
