Application for statutory accident benefits dismissed as applicant failed to prove treatments and assessments were reasonable and necessary.
The applicant sought statutory accident benefits following a motor vehicle accident, including attendant care benefits, medical and rehabilitation benefits, and the cost of various assessments.
The insurer denied the benefits.
The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to demonstrate that the claimed attendant care benefits were incurred or reasonable and necessary, given her self-reported independence with activities of daily living.
The Tribunal also found that the proposed psychological, chiropractic, and neurological assessments and treatments were not reasonable and necessary, preferring the evidence of the insurer's examiners.
As no benefits were payable, claims for interest and a special award were also dismissed.
OLATOntario Licence Appeal TribunalMay 31, 2023
