Eliane Lachaine

The applicant, who was catastrophically impaired in a motor vehicle accident, sought rehabilitation benefits for expenses incurred during a family trip to Florida, arguing it facilitated his reintegration into his family.

The insurer denied the expenses.

The Licence Appeal Tribunal held that the travel expenses did not fall within the scope of rehabilitation benefits under section 16 of the Statutory Accident Benefits Schedule, as they were not activities or measures provided by a professional with a treatment goal, nor modifications or devices to accommodate his needs.

The application was dismissed.

The applicant was injured in a motor vehicle accident and applied for a non-earner benefit but failed to submit a Disability Certificate for over a year.

The insurer denied benefits for the period prior to the submission of the certificate.

The arbitrator found that the applicant's drug addiction and mental illness, which severely impaired her motivation and ability to function, provided a reasonable explanation for the delay under section 31 of the Statutory Accident Benefits Schedule.

The applicant was therefore not precluded from claiming the benefit for the disputed period.