The applicant sought statutory accident benefits following a motor vehicle accident, including home modifications, physical rehabilitation, a neuropsychological assessment, and housekeeping expenses.
The Licence Appeal Tribunal found the applicant was entitled to the home modifications, physical rehabilitation, and neuropsychological assessment, noting that the applicant's pre-existing conditions did not negate the insurer's liability under the 'but for' test.
The Tribunal dismissed the claim for housekeeping expenses because the applicant had not purchased the optional coverage.
Furthermore, the Tribunal awarded a 25% special award under section 10 of Regulation 664, totaling $22,235.58, due to the insurer's unreasonable 15-month delay in assessing the home modifications treatment plan.