4 total
Application for catastrophic impairment designation and attendant care benefits dismissed; marked impairment threshold not met.
The applicant sought statutory accident benefits following a 2018 motor vehicle accident, claiming she sustained a catastrophic impairment due to a mental or behavioural disorder.
The Licence Appeal Tribunal found that the applicant's impairments were compatible with some useful functioning and did not reach the marked impairment threshold in three of four spheres of function.
The Tribunal also dismissed claims for attendant care benefits, finding the provider did not qualify as a professional under the Schedule and no economic loss was proven.
Claims for various treatment plans and a section 10 award for unreasonable delay were also dismissed.
Application for catastrophic impairment designation and accident benefits dismissed due to insufficient and inconsistent evidence.
The applicant sought a determination of catastrophic impairment and entitlement to attendant care benefits and assessment costs following a motorcycle accident.
The Licence Appeal Tribunal found that the applicant did not meet the threshold for catastrophic impairment under either criterion 7 or 8, preferring the evidence of the respondent's experts over the applicant's expert, whose conclusions relied heavily on inconsistent self-reporting.
The Tribunal also dismissed the claims for attendant care benefits and assessment costs due to a lack of evidence demonstrating incurred expenses or reasonable necessity.
Application for non-earner benefits dismissed as statute-barred; 2013 denial notice without medical reasons was valid.
The applicant sought a non-earner benefit following a 2011 motor vehicle accident.
The respondent denied the benefit in November 2013 based on an updated disability certificate completed by the applicant's treating occupational therapist, which indicated she no longer suffered a complete inability to carry on a normal life.
The applicant applied to the Tribunal in 2022, arguing the 2013 denial was invalid for failing to provide medical reasons under section 37(4) of the Schedule.
Applying Varriano, the Tribunal held the denial was valid as it relied on a non-medical ground (the disability certificate), triggering the two-year limitation period.
The application was dismissed as statute-barred.
Applicant granted post-104 week income replacement and medical benefits due to severe psychological and physical impairments.
The applicant was injured in a severe head-on motor vehicle collision while driving a commercial truck.
He sought various statutory accident benefits, including post-104 week income replacement benefits (IRBs), attendant care benefits, medical benefits, and the cost of several assessments.
The Licence Appeal Tribunal found that the applicant suffered a complete inability to engage in employment due to a combination of physical and psychological impairments, granting ongoing IRBs.
The Tribunal also approved funding for psychological treatment, a chronic pain assessment, a psychological assessment, and an occupational therapy driving assessment for catastrophic impairment determination.
However, claims for attendant care benefits, a mattress, a clinical file review fee, and a special award were dismissed.
No linked lawyers found.
No linked judges found.