The claimant was deemed catastrophically impaired on the basis of his Glasgow Coma Scale. Issues arose between the parties concerning the claimant’s entitlement to rehabilitation benefits under the Schedule. The insurer denied payment and the claimant appealed to the LAT for payment of these benefits. Adjudicator Kowal concluded that the claimant was not entitled to payment in the amount of $22,200.00 for a camper trailer as he had not met the test under s. 16 of the Schedule for rehabilitation benefits. The claimant did not sufficiently demonstrate that the trailer was “reasonable and necessary” for the purpose of reducing or eliminating the effects of any disability resulting from the impairment or to facilitate his reintegration into his family, the rest of society or the labour market. Further, the claimant incurred the $22,000.00 expenditure before notifying the insurer and therefore nothing the insurer did induced the expenditure. The insurer did cite s. 38(2) to the claimant in its initial correspondence and the fact that it gave full consideration to the claimant’s OCF-18 when it was submitted did not negate its right to rely on s. 38(2).
