Yamini Kundu

The applicant sought Income Replacement Benefits (IRBs) and payment for a treatment plan following a motor vehicle accident.

The Tribunal found the applicant was entitled to a weekly IRB of $45.62 for the first 104 weeks and $185.00 thereafter, rejecting the applicant's calculation that conflated tax years and the respondent's attempt to deduct rental income.

The Tribunal also ordered the respondent to pay the balance of a form completion fee for an OCF-18.

Finally, the Tribunal granted an award of 25% of the total IRB payable under section 10 of Regulation 664, finding the respondent unreasonably delayed and withheld benefits despite having the necessary financial information.

The applicant sought a determination that she sustained a catastrophic impairment under Criteria 4 and 8 of the Statutory Accident Benefits Schedule following a motor vehicle accident, as well as entitlement to psychological services.

The Tribunal found that the applicant did not meet Criterion 4 because there were no positive findings of a traumatic brain injury on recognized diagnostic imaging.

The Tribunal also found that the applicant did not meet Criterion 8, as the evidence demonstrated she had been working part-time as a personal support worker, which was inconsistent with a Class 5 extreme impairment in work functioning.

The claim for psychological services was dismissed as not reasonable and necessary.

The respondent's request for costs was also dismissed.