Nisarg Munshi

The applicant sought entitlement to a non-earner benefit, attendant care benefits, and medical benefits for dental services and a TMJ assessment following a motor vehicle accident.

The Licence Appeal Tribunal dismissed all claims.

The adjudicator found the applicant failed to provide a pre-accident baseline to establish a complete inability to carry on a normal life for the non-earner benefit.

The attendant care claim was denied because the applicant failed to prove the expenses were incurred, relying on non-contemporaneous expense sheets.

The medical benefits were denied due to insufficient evidence establishing a causal link between the accident and the dental/TMJ issues.

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

During the arbitration process, the applicant's representative sought adjournments to appoint a litigation guardian, citing concerns about the applicant's capacity to instruct counsel.

The arbitrator held a preliminary issue hearing to determine if the applicant required a representative and if the application should be dismissed for delay.

The arbitrator found the medical and observational evidence insufficient to rebut the presumption of capacity, concluding the applicant could act on his own behalf.

The insurer's request to dismiss the application was denied, and the matter was ordered to proceed to a pre-hearing.