2 total
Insurer ordered to pay ongoing IRBs and a 30% special award for unreasonable delay.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs).
The respondent insurer terminated the IRBs based on section 44 assessments.
The Tribunal found that the applicant suffered a substantial inability to perform the essential tasks of his employment, which involved heavy physical labour, and ordered the respondent to pay IRBs of $400 per week ongoing.
The Tribunal also found that the respondent unreasonably delayed adjusting the claim and awarded the applicant a 30% special award under section 10 of Regulation 664, amounting to $2,280.00.
The applicant's request for costs was denied.
Tribunal extends limitation period due to COVID-19 suspension and approves psychological treatment plans while denying physical therapy.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied several treatment plans for physiotherapy, psychological services, and various assessments.
The Tribunal first determined that the applicant was not barred from disputing a treatment plan denied more than two years prior, applying the COVID-19 limitation period suspension under O. Reg. 73/20 and granting an extension under s. 7 of the LAT Act.
On the merits, the Tribunal denied the physiotherapy and chronic pain assessment plans, finding the applicant's physical injuries were predominantly soft-tissue and had resolved.
However, the Tribunal approved the psychological, cognitive, biopsychosocial, and driving therapy plans, preferring the evidence of the applicant's assessors and certain insurer examinations that confirmed the applicant suffered from accident-related depression and anxiety.
Claims for an award and costs were dismissed due to lack of supporting submissions.
No linked lawyers found.
No linked judges found.
