Ms. Seiling

The applicant sought various statutory accident benefits following a 2015 motor vehicle accident, including attendant care benefits, occupational therapy assessments, and a concussion assessment.

The Licence Appeal Tribunal denied the claims for attendant care and occupational therapy, finding the applicant had returned to full-time work and was independent in his activities of daily living.

However, the Tribunal granted the request for a concussion assessment, noting the applicant's ongoing headache and balance issues warranted further investigation, and preferred the evidence of concussion experts over the insurer's physiatrist.

The claim for a special award under O. Reg. 664 was dismissed as the insurer reasonably relied on its assessors' reports.

The insurer requested a reconsideration of a Licence Appeal Tribunal decision that found the applicant entitled to Non-Earner Benefits (NEBs) following a motor vehicle accident.

The insurer argued that the Tribunal failed to consider evidence of the applicant's ability to participate in pre-accident activities, improperly focused on only two areas of her life, and ignored her pre-existing psychological trauma.

The Executive Chair dismissed the request, finding that the Tribunal properly applied the legal test, weighed the evidence, and provided sufficient reasons for its conclusion that the applicant suffered a complete inability to carry on a normal life.