Home modifications deemed incurred with a 25% award due to insurer delay; new home purchase denied.
The applicant, catastrophically impaired following a bus-train collision, sought statutory accident benefits for home modifications, the purchase of a new home, and housekeeping services.
The Tribunal deemed the $166,437.70 home modification expense incurred under s. 3(8) of the Schedule due to the insurer's unreasonable delay and flawed reliance on its assessors, awarding a 25% special award.
The request for $839,104.50 to purchase a new home was dismissed as it exceeded the value of necessary home modifications under s. 16(4)(c).
Housekeeping benefits of $100 per week were granted from February 2019 onwards.
The insurer was found entitled to repayment of an $8,747.42 overpayment of income replacement benefits resulting from a failure to recalculate the benefit when the applicant turned 65.
OLATOntario Licence Appeal TribunalJun 3, 2022
