Application for non-earner and medical benefits dismissed as applicant failed to prove complete inability.
The applicant sought non-earner benefits and a medical benefit for physiotherapy following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove she suffered a complete inability to carry on a normal life.
The Tribunal relied on insurer's examination reports and the applicant's own self-reporting to medical practitioners, which contradicted her claims of disability and indicated she had returned to a substantially normal, active life.
The claim for physiotherapy was also dismissed as the applicant failed to provide medical evidence to support it, and the insurer's medical examination concluded she had reached maximum medical recovery.
Claims for interest and a special award were consequently dismissed, and the insurer's request for costs was denied.
OLATOntario Licence Appeal TribunalJan 30, 2019
