S. Kara

The applicant sought statutory accident benefits following a motor vehicle accident, including treatment plans for social rehab counseling, a catastrophic impairment assessment, and attendant care benefits.

The Tribunal denied the travel expenses for service providers, finding they are not authorized transportation expenses under the Schedule.

The Tribunal also denied the catastrophic impairment assessment costs exceeding the $2,000 statutory cap.

Finally, the claim for attendant care benefits was dismissed because the applicant's own self-reporting and occupational therapy assessments indicated he was independent in his activities of daily living.

The applicant was involved in a motor vehicle accident and sought income replacement benefits (IRBs) beyond the 104-week mark.

The respondent insurer terminated the benefits, relying on surveillance evidence of the applicant playing video games for extended periods and an assessment suggesting he could work in sedentary roles.

The Tribunal found that the applicant suffered from a mild traumatic brain injury and lumbar radiculopathy, which completely impaired his ability to engage in suitable employment.

The Tribunal rejected the respondent's reliance on the video game surveillance, noting that gameplay does not equate to competitive employability in a real-world setting.

The applicant was awarded ongoing IRBs and interest, but his claim for a special award for unreasonable withholding of benefits was dismissed.