Dr. Uri Wolf

The applicant sought a determination that he sustained a catastrophic impairment as a result of a motor vehicle accident, along with claims for income replacement benefits, medical benefits for physiotherapy, housekeeping benefits, and cost of examinations.

The Tribunal found that the applicant's shoulder impairments were largely due to pre-existing conditions and natural degeneration, not the accident.

The Tribunal rejected the applicant's whole person impairment rating of 55%, finding that the assessors improperly included a 3% rating for medication use related to a pre-existing heart condition and an 18% rating for speculative future surgery.

The Tribunal also dismissed the claim for income replacement benefits, finding the applicant was not actively self-employed at the time of the accident due to a recent heart attack.

All claims were dismissed.

The Applicant was catastrophically impaired in a motor vehicle accident and sought attendant care benefits of $6,000 per month for around-the-clock supervisory care due to severe psychiatric impairments.

The Tribunal found that the Applicant did require around-the-clock supervisory care.

However, because her care was provided by non-professional family members, the Tribunal had to determine whether the February 1, 2014 amendment to the Statutory Accident Benefits Schedule applied to limit her benefits to the economic loss sustained by the providers, given her accident occurred prior to the amendment.

Following appellate authority, the Tribunal held that the amendment applied immediately and the Applicant had no vested right to the pre-amendment calculation.

Consequently, her entitlement was limited to her mother's proven economic loss of $839.29 per month.

As the insurer had been paying a higher rate, no arrears or interest were owed.