Ryan Zigler

The applicant sought payment of $11,780.00 for the balance of catastrophic impairment assessments following a motor vehicle accident.

The respondent had partially approved the assessments up to the $2,000.00 limit per assessment under s. 25(5)(a) of the Schedule but denied additional fees for document review and reports.

The Tribunal found that the applicant failed to meet the onus of proving that the additional costs were reasonable and necessary.

The application for the balance of the assessment costs, an award, and interest was dismissed.

The applicant was injured in a motor vehicle accident and sought a non-earner benefit under the Statutory Accident Benefits Schedule.

The respondent denied the claim, arguing the applicant did not meet the threshold of a complete inability to carry on a normal life.

The Tribunal applied the Heath framework and found that the applicant's accident-related fibromyalgia and chronic pain significantly impaired her ability to engage in her pre-accident activities, particularly caring for her family and maintaining her home.

The Tribunal concluded the applicant met the threshold and awarded the non-earner benefit with interest.