34. (1) A person receiving weekly loss of earning capacity benefits may require the insurer to review the amount of the benefit if the person provides the insurer with a certificate from a health practitioner stating that the person has suffered a permanent deterioration in his or her impairment as a result of the accident that makes the person unable to engage in employment in which the person could earn the gross annual income that was used to determine the person’s residual earning capacity for the purpose of determining the amount of the person’s weekly loss of earning capacity benefit.  O. Reg. 776/93, s. 34 (1). (2) Subsection (1) does not apply after the person attains sixty-five years of age.  O. Reg. 776/93, s. 34 (2). (3) Subsection (1) applies whether or not the person is engaged in the type of employment that satisfies the criteria set out in subsection 30 (2) at the time the deterioration occurs.  O. Reg. 776/93, s. 34 (3). (4) Subsection (1) applies only if, (a)  more than one year has elapsed since loss of earning capacity benefits were first paid to the person in respect of the accident and a review is not yet required by clause 33 (1) (a); (b)  more than one year has elapsed since the review required by clause 33 (1) (a) and a review is not yet required by clause 33 (1) (b); or (c)  more than one year has elapsed since the review required by clause 33 (1) (b).  O. Reg. 776/93, s. 34 (4). (5) No review may be required under subsection (1) within one year after a previous review was made under this section.  O. Reg. 776/93, s. 34 (5). (6) Subsections 33 (3) to (11) apply, with necessary modifications, to a review required by this section.  O. Reg. 776/93, s. 34 (6); O. Reg. 26/06, s. 10. Adjustment at Age Sixty-five

35. (1) When a person who is receiving weekly loss of earning capacity benefits under this Part attains sixty-five years of age, the amount of the weekly loss of earning capacity benefits shall be adjusted to the amount determined in accordance with the following formula: A = B × 0.02 × C where, A =  the amount to which the amount of the weekly loss of earning capacity benefits shall be adjusted, B =  the amount of the weekly loss of earning capacity benefit that the person was entitled to receive immediately before attaining sixty-five years of age, without making any deductions permitted by section 75, C =  the lesser of, i.  35, and ii.  the number of years during which the person qualified for weekly income replacement benefits under Part II, weekly education disability benefits under section 15, weekly caregiver benefits under Part IV, weekly disability benefits under Part V or weekly loss of earning capacity benefits under this Part before attaining sixty-five years of age. O. Reg. 776/93, s. 35 (1). (2) The amount of a weekly loss of earning capacity benefit that has been adjusted under subsection (1) shall not be less than $185 if, during the week in respect of which the benefit is payable, the insured person is suffering a complete inability to carry on a normal life as a result of the accident.  O. Reg. 776/93, s. 35 (2). PART VII   SUPPLEMENTARY MEDICAL BENEFITS Entitlement to Benefits

36. (1) If an insured person sustains an impairment as a result of an accident, the insurer shall pay for all reasonable expenses incurred by or on behalf of the insured person as a result of the accident for, (a)  medical, surgical, dental, optometric, hospital, nursing, ambulance, audiometric and speech-language pathology services; (b)  chiropractic, psychological, occupational therapy and physiotherapy services; (c)  medication; (d)  prescription eyewear; (e)  dentures and other dental devices; (f)  hearing aids, wheelchairs or other mobility devices, prostheses, orthotics and other medical devices; (g)  transportation for the insured person to and from treatment sessions, including transportation for an aide or attendant; (h)  other goods and services of a medical nature that the insured person requires.  O. Reg. 776/93, s. 36 (1). (2) The insurer is not liable to pay any expense under subsection (1) for goods or services that are experimental in nature.  O. Reg. 776/93, s. 36 (2). (3) Transportation expenses under clause (1) (g) in respect of an insured person’s automobile are limited to expenses for fuel, oil, maintenance, tires and parking.  O. Reg. 776/93, s. 36 (3). (4) Subject to subsections (5) and 39 (6), the insurer shall pay an expense under subsection (1) pending resolution of a dispute described in subsection 280 (1) of the Act relating to the expense. O. Reg. 46/16, s. 7. (5) The insurer is not liable to pay more than $3,000 in respect of an expense under clause (1) (d), (e) or (f) pending the determination of a dispute described in subsection 280 (1) of the Act relating to the expense. O. Reg. 46/16, s. 7. Certificate

37. (1) The insurer may require a person claiming payment of an expense under section 36 to furnish a certificate from the person’s health practitioner stating that the expense is reasonable and is necessary for the person’s treatment.  O. Reg. 776/93, s. 37 (1). (2) In the case of an expense that is of a continuing nature, the insurer may require a certificate to be furnished under subsection (1) as often as reasonably necessary.  O. Reg. 776/93, s. 37 (2). Designated Assessment Centres (Medical and Rehabilitation)

38. (1) The Superintendent may, for the purpose of this Part, (a)  Revoked:  O. Reg. 26/06, s. 12 (1). (b)  specify the types of impairments that each designated assessment centre is authorized to assess.  O. Reg. 776/93, s. 38 (1); O. Reg. 304/98, s. 2; O. Reg. 26/06, s. 12 (1). (2) The accident benefits advisory committee appointed under section 7 of the Insurance Act may, for the purpose of this Part, establish procedures, standards and guidelines that shall be used by designated assessment centres in conducting assessments.  O. Reg. 776/93, s. 38 (2). (3) In this Part, “designated assessment centre” means an assessment centre designated before March 1, 2006 by the Superintendent under clause (1) (a), as it read before March 1, 2006.  O. Reg. 26/06, s. 12 (2). Examination

39. (1) If the insurer receives a certificate under section 37 in respect of an expense, the insurer may give the insured person a notice requiring the person to be examined under section 65.  O. Reg. 26/06, s. 13 (1). (2) Subsection (1) does not apply to an expense under clause 36 (1) (b) or (c) unless, (a)  the expense was incurred more than eight weeks after the accident; or (b)  the insurer has already paid more than $2,000 for expenses under clauses 36 (1) (b) and (c) in respect of the insured person as a result of the accident.  O. Reg. 776/93, s. 39 (2). (3) Subsection (1) does not apply to an expense under clause 36 (1) (d), (e) or (g).  O. Reg. 776/93, s. 39 (3). (4) Subsection (1) does not apply to an expense under clause 36 (1) (f) if the Ministry of Health pays part of the cost of the item for which the expense was incurred.  O. Reg. 776/93, s. 39 (4). (5) If the insurer requires the insured person to be examined under section 65, the insurer shall provide the insured person with 14 days notice of the examination and 14 days notice of the examination shall be considered to be reasonable notice of the examination for the purposes of subsection 65 (2).  O. Reg. 26/06, s. 13 (2). (6) Subject to the determination of a dispute described in subsection 280 (1) of the Act relating to the expense, the insurer is not required to pay an expense if the insurer has received the report of the examination under section 65 and gives notice under subsection 39.1 (6) that it refuses to pay the expense. O. Reg. 46/16, s. 8. (6.1)-(12) Revoked:  O. Reg. 26/06, s. 13 (2). Payment of Benefits