2 total
Applicant found catastrophically impaired under Criteria 2 and 6; past attendant care benefits awarded but ongoing denied.
The applicant was involved in a motor vehicle accident and sought a determination of catastrophic impairment and entitlement to various statutory accident benefits.
The Licence Appeal Tribunal found that the applicant sustained a catastrophic impairment under both Criterion 6 (64% whole person impairment) and Criterion 2 (severe and permanent alteration of lower extremities with a SCIM score of 4).
The Tribunal awarded incurred attendant care benefits from October 2021 to March 2022 but denied ongoing attendant care benefits as the applicant failed to provide an updated Form 1 reflecting her current needs.
Claims for four specific treatment plans were dismissed as the applicant provided no evidence to support them.
Interest was awarded on all overdue payments.
Income replacement benefits granted up to the date of the applicant's CERB application; physiotherapy denied.
The applicant sought statutory accident benefits following a motor vehicle accident in March 2019.
The respondent denied income replacement benefits (IRBs) and a physiotherapy treatment plan.
The Tribunal found that the applicant suffered a mild traumatic brain injury and whiplash, causing a substantial inability to perform the essential tasks of her self-employment for the first 104 weeks.
However, this inability ceased when she applied for the Canada Emergency Response Benefit (CERB) in March 2020, attesting she was ready and able to work.
The Tribunal denied IRBs beyond the 104-week mark, finding no complete inability to engage in any employment.
The claim for physiotherapy services was dismissed as the applicant failed to demonstrate the treatment was reasonable and necessary.
Interest was awarded on the overdue IRB payments.
No linked lawyers found.
No linked judges found.
