Ms. Sharon Mills

The applicant sought statutory accident benefits following a motor vehicle accident, including attendant care benefits, physiotherapy, a service dog, assistive devices, and an attendant care assessment.

The respondent denied the benefits based on its independent medical examinations.

The Tribunal found that the applicant failed to meet her burden of proof to establish entitlement to the attendant care benefits, as she did not prove the expenses were incurred and the respondent's occupational therapy assessment was preferred.

The Tribunal also found that the disputed treatment plans were not reasonable and necessary.

The claims for an award for unreasonably withheld payments and interest were dismissed.

The applicant was injured in a motor vehicle accident and sought a non-earner benefit, which the respondent insurer denied.

The Tribunal applied the Heath test to compare the applicant's pre- and post-accident activities.

Finding the applicant's evidence credible and preferring the applicant's psychological expert over the insurer's assessors, the Tribunal concluded that the applicant's accident-related impairments, including severe sleep deprivation, panic attacks, and driving anxiety, continuously prevented her from engaging in substantially all of her pre-accident activities.

The Tribunal ordered the respondent to pay the non-earner benefit of $185.00 per week from May 27, 2016, ongoing, plus interest.