R. Zakrzewski

The applicant sought reconsideration of a decision denying entitlement to attendant care benefits, various treatment plans, and case management services following a motor vehicle accident.

The applicant argued the adjudicator erred in the causation analysis and the weighing of medical evidence.

The Licence Appeal Tribunal dismissed the request for reconsideration, finding that the applicant was improperly attempting to relitigate the initial hearing and reweigh the evidence.

The Tribunal confirmed there was no error of law or fact that would have led to a different result.

The applicant sought various statutory accident benefits, including attendant care, physiotherapy, and occupational therapy, following a 2018 motor vehicle accident.

The adjudicator dismissed the application in its entirety, finding the applicant was a poor historian and failed to meet his onus to prove the expenses were reasonable and necessary or incurred.

The adjudicator preferred the respondent's medical evidence, noting the applicant's significant pre-existing health issues, including severe osteoarthritis that necessitated a knee replacement.

The respondent's request for costs was also denied.

The applicant sought non-earner benefits and attendant care benefits following a motor vehicle accident and subsequent knee surgery.

The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to prove a complete inability to carry on a normal life for the claimed period, as contemporaneous medical evidence indicated excellent recovery.

The Tribunal also found that the applicant no longer required attendant care services during the disputed period and failed to prove the expenses were incurred.