Retroactive attendant care claim denied; applicant awarded $462 for proven incurred expenses after Form 1 submission.
The applicant sought attendant care benefits following a motor vehicle accident.
The Tribunal held that section 42(5) of the Statutory Accident Benefits Schedule barred the applicant from claiming attendant care expenses incurred before she submitted a Form 1, as she failed to establish exceptional circumstances that made compliance impossible or impracticable.
For the period after the Form 1 was submitted, the Tribunal found the applicant proved she incurred 33 hours of attendant care expenses provided by a friend acting as a professional service provider.
The Tribunal ordered the respondent to pay $462.00 for these incurred expenses, plus interest, but declined to deem any other expenses incurred.
OLATOntario Licence Appeal TribunalApr 19, 2022
