Jason Katz

The applicant sought payment for psychological and physiotherapy treatment plans following a motor vehicle accident.

The Licence Appeal Tribunal dismissed the application.

The claim for psychological services was denied as the applicant provided no evidence or submissions.

The claim for physiotherapy was denied because the adjudicator accepted the respondent's medical evidence that the applicant had reached maximum medical recovery and resumed pre-accident sporting activities, finding the proposed treatment was not reasonable and necessary.

The applicant, a minor at the time of the motor vehicle accident, applied for non-earner benefits.

The insurer denied the claim and later argued the applicant was statute-barred from proceeding to arbitration because the limitation period had expired, asserting that the applicant's mother acted as a litigation guardian.

The arbitrator found that a parent acting as a representative or substitute decision-maker is not a litigation guardian under the Limitations Act, 2002, and therefore the limitation period did not begin to run until the applicant reached the age of majority.

The arbitrator also found that although the applicant did not file a Disability Certificate that met the criterion for non-earner benefits, she had provided sufficient information to establish a potential claim, allowing the application to proceed to arbitration.