Terry Landry

The applicant requested a reconsideration of a Licence Appeal Tribunal decision that denied his claims for attendant care benefits and various treatment plans following a motor vehicle accident.

The Vice-Chair found that the original adjudicator committed a material breach of procedural fairness by striking pages of the applicant's submissions without analyzing the prejudicial impact.

The decision was cancelled and reheard.

On rehearing, the Vice-Chair granted the applicant's claim for attendant care benefits at $2,257.09 per month, preferring the evidence of the applicant's occupational therapist.

However, the claims for the disputed treatment plans were dismissed as the applicant failed to draw specific connections to the medical evidence to show they were reasonable and necessary.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent initially denied catastrophic designation, income replacement benefits, and attendant care benefits, but conceded the catastrophic designation and income replacement benefits shortly before the hearing.

The Tribunal found that the applicant's attendant care benefits were incurred because the service provider was working as a personal support worker at the time the services were rendered.

The Tribunal also awarded the applicant 30% of the income replacement benefits owed due to the respondent's unreasonable delay and excessive documentation requests.