The applicant, who passed away during the proceedings, sought statutory accident benefits following a 2016 motor vehicle accident.
The dispute centered on the quantum of attendant care benefits (ACBs) and occupational therapy (OT) services, with the parties disagreeing on the applicable hourly rates and the necessity of certain supports.
The Tribunal found that the applicant was entitled to ACBs for mobility support, but not for grooming, hygiene, or bathing, as those impairments were not proven to be accident-related.
The Tribunal also awarded costs for an OT in-home assessment and OT services, preferring the recommendations of the applicant's occupational therapist, but excluded costs for personal protective equipment.
The applicant was awarded interest on overdue payments but denied a special award under s. 10 of O. Reg. 664, as the insurer's position was not unreasonable.
