Application for non-earner and medical benefits dismissed as applicant failed to prove complete inability.
The applicant, who has a pre-existing diagnosis of autism, sought statutory accident benefits following a motor vehicle accident.
She claimed entitlement to a non-earner benefit, various medical benefits including occupational therapy, physical therapy, and a chronic pain assessment, as well as an award and interest.
The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to establish a complete inability to carry on a normal life, as there was insufficient evidence comparing her pre- and post-accident activities.
The Tribunal preferred the respondent's expert evidence, which indicated no objective ongoing accident-related impairments and found the disputed treatment plans were either duplicative or not reasonable and necessary.
OLATOntario Licence Appeal TribunalNov 18, 2022
