Tribunal partially approves accident benefits for CAT assessment and orders special award for unreasonable delay.
The applicant was injured in a bus accident and sought various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule.
The respondent denied several treatment plans, including a catastrophic impairment assessment, assistive devices, and various therapies.
The Tribunal found that the applicant proved the OT CAT assessment and related forms were reasonable and necessary, noting the respondent's own assessor had recommended them.
However, the Tribunal dismissed the claims for the other treatment plans due to a lack of contemporaneous medical evidence.
The Tribunal also ordered the respondent to pay a special award of $440 under s. 10 of O. Reg. 664, finding that the respondent unreasonably delayed the OT CAT assessment for over four years despite its own assessor's recommendation.
OLATOntario Licence Appeal TribunalMay 13, 2024