Dr. R. Richards

The applicant sought a determination of catastrophic impairment and entitlement to attendant care benefits, cost of examinations, interest, and an award following a 2007 motor vehicle accident.

The Licence Appeal Tribunal found the applicant sustained a catastrophic impairment under Criterion 8, specifically a Class 4 Marked impairment in the domain of Activities of Daily Living due to chronic pain and psychological impairments.

The Tribunal awarded attendant care benefits at $507.03 per month for feeding, along with the costs of an occupational therapy situational assessment and an in-home attendant care assessment.

Claims for a triage assessment, an award under Regulation 664, and costs were dismissed.

The applicant sought income replacement benefits (IRBs) and the cost of examinations following a minor rear-end motor vehicle accident.

The respondent insurer terminated IRBs after the applicant returned to work, arguing that her subsequent periods off work were due to pre-existing conditions, a shortage of work, and a subsequent work-related injury.

The Tribunal applied the "but for" test for causation and found that the applicant's ongoing impairments were not caused by the accident.

The Tribunal noted significant credibility issues, as the applicant provided inaccurate histories to her medical assessors regarding her prior neck pain and subsequent workplace injury.

The Tribunal preferred the evidence of the respondent's experts and concluded the applicant did not meet the tests for substantial inability or complete inability to work.

The claims for IRBs, an accounting report, a special award, and costs were dismissed, though the applicant was awarded $200 for a disability certificate.

The applicant was injured in a motor vehicle accident and received caregiver benefits from her insurer.

The insurer terminated the benefits after 104 weeks, arguing she no longer met the test of suffering a complete inability to carry on a normal life.

The arbitrator found that the applicant's physical injuries, combined with chronic pain and a diagnosed Somatoform Pain Disorder, continuously prevented her from engaging in substantially all of her pre-accident activities.

The arbitrator ordered the insurer to pay ongoing caregiver benefits but declined to order a special award, finding the insurer's denial was not unreasonable given the complex medical evidence.