The applicant, a pedestrian struck by a vehicle, sought statutory accident benefits including attendant care benefits (ACBs) and various treatment plans.
The respondent initially denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG), but later removed him from the MIG.
The Tribunal found the applicant eligible for $686.92 per month in ACBs based on left shoulder limitations, but held the benefits were not payable because they had not been incurred.
The Tribunal approved a treatment plan for an optometric assessment but denied plans for Botox injections and an occupational therapy assessment.
Finally, the Tribunal ordered the respondent to pay a $3,473.20 award under s. 10 of O. Reg. 664, finding its 18-month delay in removing the applicant from the MIG was stubborn, unyielding, and unreasonable given the medical evidence.
