Application for statutory accident benefits dismissed; applicant failed to prove entitlement to IRBs and treatment plans.
The applicant sought statutory accident benefits following a motor vehicle accident, including an income replacement benefit (IRB) and two treatment plans for devices and nutritional counseling.
The Tribunal found the applicant was not entitled to IRBs as he returned to full-time work for three months post-accident and failed to prove a substantial inability to perform the essential tasks of his employment.
The treatment plans were also denied as the applicant did not demonstrate they were reasonable and necessary, with the Tribunal preferring the insurer's medical examination which concluded the injuries were minor.
The Tribunal also found the insurer's denial notices complied with section 38 of the Schedule.
The application was dismissed.
OLATOntario Licence Appeal TribunalMay 9, 2025