• March 22nd, 2023
  • Varun Verma
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Great work Glen Bushi and team who were able to achieve a favorable result for our client at the License Appeal Tribunal in Ahmed v. BelairDirect, 2023 ONLAT 21-006910/AABS.

The issues in dispute were as follows:

  1. Are the Applicant’s injuries predominantly minor as defined in s.3 of the Schedule and therefore subject to treatment within the $3,500.00 limit?
  2. Is the Applicant entitled to a non-earner benefit of $185.00 per week from April 29, 2019 to April 1, 2021?
  3. Is the Applicant entitled to the cost of a chronic pain assessment in the amount of $2,200.00 and a psychological assessment in the amount of $2,179.22?
  4. Is the applicant entitled to interest on any overdue payment of benefits?

The LAT concluded that based on the medical record available to it and the evidence given by the Applicant during his Examination in Chief and Cross-examination, the Applicant’s injuries were predominantly minor in nature. Further, the LAT concluded that the Applicant was not entitled to non-earner benefits as he had failed to show that “he suffers from a complete inability to carry on a normal life within 104 weeks of the accident”. The LAT further concluded that the Applicant is not entitled to the cost of the examinations. To read the full decision, please click on the link below.

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