Attendant care claim dismissed as family-provided services were not 'incurred' under the Schedule.
The applicant sought attendant care benefits following a motor vehicle accident.
The Tribunal found that while the applicant's physical injuries fell within the Minor Injury Guideline (MIG), her psychological impairments (Major Depressive Disorder and Generalized Anxiety Disorder) took her outside the MIG.
However, the claim for attendant care benefits was dismissed because the applicant failed to prove the expenses were 'incurred' under section 3(7)(e) of the Schedule.
The evidence regarding care provided by family members was vague, lacked corroboration, and failed to establish economic loss or that the care was provided in the course of ordinary employment.
OLATOntario Licence Appeal TribunalJun 27, 2017
