Attendant care benefits partially granted; claims for orthopedic mattress, medicinal cannabis, and special award dismissed.
The applicant sought statutory accident benefits following a motor vehicle accident, including attendant care benefits (ACBs), an orthopedic mattress and pillow, and medicinal cannabis.
The Tribunal found the applicant did not meet her onus for the mattress, pillow, or cannabis, noting a lack of medical evidence and the fact that the mattress was purchased the morning after the accident.
The Tribunal partially granted the ACBs, awarding $537.00 per month based on the applicant's functional limitations with reaching and bending.
However, the Tribunal declined to deem the ACBs incurred under s. 3(8) of the Schedule, finding the insurer's reliance on s. 44 assessments to deny the benefits was not unreasonable.
Claims for a special award were dismissed, but interest was awarded on the payable ACBs.
OLATOntario Licence Appeal TribunalJul 14, 2021