The applicant was injured in a motor vehicle accident and sought various statutory accident benefits, including an income replacement benefit (IRB), attendant care benefits, and payment for treatment plans. The respondent stopped paying the IRB based on an accounting report that deducted speculative Canada Pension Plan Disability (CPP-D) amounts. The Tribunal found that vacation pay and pre-accident earnings should be included in the IRB calculation, and that speculative CPP-D amounts could not be deducted, entitling the applicant to an ongoing IRB. The Tribunal denied the claim for attendant care benefits because the applicant failed to prove the expenses were incurred. The Tribunal approved an in-home occupational therapy assessment as reasonable and necessary, but denied a small balance for physiotherapy services that exceeded the maximum hourly rate. Claims for a special award and costs were dismissed, but interest was awarded on overdue benefits.
Licence Appeal Tribunal File Number: 23-005473/AABS
In the matter of an application pursuant to [subsection 280(2)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-i8/latest/rso-1990-c-i8.html#