Income replacement benefits denied due to surveillance evidence; psychological treatment plan partially approved.
The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement benefits (IRBs), medical benefits for chiropractic and psychological treatment, and an award for unreasonable delay.
The Tribunal found the applicant was not entitled to IRBs, as medical evidence and surveillance footage showing the applicant performing heavy lifting for his pre-accident employer contradicted his claim of substantial inability to work.
The claim for chiropractic treatment was dismissed as duplicative of an already approved plan.
However, the Tribunal granted the unapproved portion of the psychological treatment plan, preferring the treating providers' recommendation of 1.5-hour sessions over the insurer's examination assessor's unexplained recommendation of 1.0-hour sessions.
The claim for an award was dismissed, but interest was awarded on the overdue psychological benefit.
OLATOntario Licence Appeal TribunalJan 10, 2022
