2 total
Non-earner benefits denied due to improved functionality; chronic pain and functional abilities assessments approved.
The applicant was struck by a vehicle as a pedestrian and sought statutory accident benefits, including non-earner benefits and various medical and rehabilitation treatment plans.
The Licence Appeal Tribunal dismissed the claim for non-earner benefits, finding that the applicant's functionality had improved and he did not suffer a complete inability to carry on a normal life, as evidenced by his return to post-secondary education and independence with self-care.
The Tribunal approved treatment plans for a chronic pain assessment and a functional abilities evaluation, finding them reasonable and necessary to investigate ongoing impairments.
The remaining claims for treatment plans and an award for unreasonable delay were dismissed.
Application for non-earner benefits dismissed as applicant failed to prove complete inability to carry on a normal life.
The applicant sought a non-earner benefit following a motor vehicle accident.
The Tribunal found that the applicant failed to meet his burden of proving a complete inability to carry on a normal life.
The medical evidence, including assessments from a physiatrist, psychiatrist, and occupational therapist, did not support the applicant's subjective reporting of his limitations.
The Tribunal also noted credibility concerns regarding the applicant's self-reporting.
The application was dismissed.
No co-appearing lawyers found.
No judges found.