Steve Thomas

The applicant requested a reconsideration of a Licence Appeal Tribunal decision that partially denied a treatment plan for home modifications, including the location of a new garage, new flooring, electrical rewiring, and a therapy room addition.

The applicant argued the adjudicator made errors of law and fact, specifically regarding the Tribunal's jurisdiction to consider municipal encroachment for the garage location and the assessment of tripping hazards.

The Tribunal dismissed the request, finding no errors of law or fact.

The adjudicator confirmed the Tribunal lacks jurisdiction under section 280 of the Insurance Act to determine municipal encroachment issues and held that the applicant was attempting to re-litigate findings of fact and raise new arguments not presented at the initial hearing.

The applicant, who sustained catastrophic impairments in a motor vehicle accident, sought $334,363.41 in disputed rehabilitation benefits for extensive home modifications, including new flooring, rewiring, and a home addition.

The Licence Appeal Tribunal found that the majority of the proposed modifications were not reasonable and necessary, as the applicant failed to establish a sufficient connection between the requested renovations and her accident-related impairments.

The Tribunal approved only the costs associated with relocating the kitchen fridge to allow access to the fuse panel, along with applicable interest, dismissing the remainder of the claim.