Applicant failed to prove catastrophic impairment; CAT assessment costs do not deplete non-CAT medical limits.
The applicant sought a determination that he sustained a catastrophic impairment as a result of a motor vehicle accident, along with entitlement to attendant care and various medical and rehabilitation benefits.
The Licence Appeal Tribunal found that the applicant failed to prove a catastrophic impairment under Criterion 7, as his whole person impairment rating fell below the 55% threshold.
Consequently, the claim for attendant care benefits beyond the 104-week mark was denied.
However, the Tribunal ruled that the cost of a multidisciplinary catastrophic impairment assessment does not count towards the non-catastrophic medical and rehabilitation limits.
The Tribunal partially granted the claims for physiotherapy, chiropractic treatment, and specific assessment costs, while denying claims for an iPad, rehabilitation therapy, and an award for unreasonably withheld benefits.
OLATOntario Licence Appeal TribunalJul 8, 2020
