3 total
Application for non-earner benefits and assessments denied; applicant failed to prove complete inability to carry on normal life.
The applicant, who was 76 years old at the time of the motor vehicle accident, sought non-earner benefits, a psychological assessment, and an orthopaedic assessment.
The Licence Appeal Tribunal dismissed the application, finding that the applicant did not suffer a complete inability to carry on a normal life, as his post-accident activities were largely consistent with his pre-accident baseline.
The Tribunal also denied the psychological assessment due to a lack of supporting medical evidence from his family physician, and denied the orthopaedic assessment because it was reasonably available through OHIP.
Application for accident benefits dismissed; tripping near a displayed vehicle at an auto show is not an accident.
The applicant sought statutory accident benefits after tripping and falling on a raised ledge near a displayed vehicle at an auto show.
The respondent denied the benefits, arguing the incident was not an 'accident' under s. 3(1) of the Statutory Accident Benefits Schedule.
The Licence Appeal Tribunal held a preliminary issue hearing and found that the applicant's injuries did not arise out of the ordinary use or operation of an automobile.
The Tribunal concluded the purpose test was not met, as the display of a vehicle at an auto show does not constitute ordinary use or operation, and dismissed the application.
Accident benefits denied where surveillance and inconsistent evidence undermined applicant's claims of disability and income loss.
The applicant sought statutory accident benefits, including an income replacement benefit (IRB) and medical benefits, following an ebike collision.
The Licence Appeal Tribunal dismissed the application, finding the applicant's evidence regarding her pre-accident income and inability to work lacked credibility and was contradicted by surveillance evidence showing her working and riding her ebike.
The Tribunal concluded the applicant suffered predominantly minor injuries subject to the $3,500 treatment cap, which had been exhausted, and that the requested treatment plans were not reasonable or necessary.
