Application for accident benefits dismissed as ongoing impairments were caused by pre-existing degenerative conditions.
The applicant was injured in a rear-end motor vehicle collision and sought medical benefits for chiropractic and psychological treatment under the Statutory Accident Benefits Schedule.
The respondent insurer denied the treatment plans, arguing the applicant had reached maximum medical improvement and that his ongoing symptoms were related to extensive pre-existing degenerative conditions.
The Tribunal applied a two-step causation test and found the applicant failed to prove his current impairments were caused by the accident, preferring the insurer's medical examination evidence over the applicant's chiropractor.
The application for further benefits was dismissed.
OLATOntario Licence Appeal TribunalJan 14, 2021
