Dr. Shayna Nussbaum

The applicant sought various statutory accident benefits following a motor vehicle accident.

The Licence Appeal Tribunal found the applicant was entitled to funding for psychotherapy, a neuropsychological assessment, and a COGMED assessment/treatment, as these were reasonable and necessary given objective evidence of a traumatic brain injury and ongoing psychological symptoms.

Claims for chiropractic services and a driver evaluation were dismissed.

The Tribunal also held the applicant was barred from pursuing a neurological assessment due to his failure to attend scheduled insurer's examinations without a reasonable explanation.

A claim for a special award under s. 10 of O. Reg. 664 was dismissed, but interest was awarded on the approved treatment plans.

The applicant sought statutory accident benefits following a 2018 motor vehicle accident, claiming catastrophic impairment due to psychological disorders.

The Tribunal found the applicant was not catastrophically impaired, as she sustained only moderate impairments in concentration, persistence, and pace, and social functioning.

However, applying the Sabadash causation test, the Tribunal found the applicant's impairments were caused by the 2018 accident, despite being aggravated by a subsequent 2020 accident involving the death of her son.

The Tribunal awarded attendant care benefits of $2,327.87 per month, along with specific treatment plans for occupational therapy and a rehabilitation support worker.

Claims for housekeeping benefits, a second occupational therapy plan, and a special award were dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The insurer denied two treatment plans for a neurocognitive assessment and a psychological assessment, arguing they were duplicative and subject to the $2,000 statutory cap for a single assessment under s. 25(5)(a) of the Schedule.

The Tribunal found that the two assessments, although contained within the same report, were distinct, stand-alone evaluations addressing separate cognitive and psychological impairments.

The Tribunal ordered the insurer to pay the outstanding $2,200.00 for the assessments, plus interest.