Licence Appeal Tribunal
Tribunal File Number: 16-002099/AABS
Case Name: 16-002099 v The Dominion of Canada General Insurance Company
In the matter of an Application pursuant to subsection 280(2) of the Insurance Act, RSO 1990, c I.8., in relation to statutory accident benefits.
Between:
K. S.
Applicant
and
The Dominion of Canada General Insurance Company
Respondent
AMENDED DECISION
Adjudicator: Nicole Treksler
Appearances
Applicant: K.S.
Counsel for the Applicant: Rania Hafez
Counsel for the Insurance Company: Erin Morgan
Written Hearing: April 18, 2017
I. Introduction/Overview:
[1.] The applicant, K.S., was injured in an automobile accident on January 21, 2014, and sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (the ''Schedule'').
[2.] Prior to the accident, the applicant was self-sufficient in her daily household activities, which consisted of all home chores and personal care tasks. Since the accident, that applicant has been experiencing pain in her left shoulder, left knee and lower back, preventing her from carrying out daily household activities.
[3.] The applicant made claims for attendant care benefits (ACBs), medical benefits and cost of examinations.
[4.] Regarding the ACBs, the applicant’s claim for these benefits covers 2 separate time periods: September 10, 2014 to December 9, 2014 (Period 1) and
a. January 6, 2015 to January 21, 2016 (Period 2).
[5.] On September 10, 2014, Ms. Beverley Neal, Registered Nurse recommended
a. $2000 a month in attendant care benefits (ACBs). These benefits include assistance in dressing, undressing, grooming, feeding, hygiene and exercise.
[6.] The respondent indicated that the applicant was

