Application for accident benefits dismissed; applicant failed to prove treatment plans were reasonable and necessary.
The applicant sought statutory accident benefits for three treatment plans following a motor vehicle accident.
The respondent denied the plans and requested the exclusion of the applicant's late-filed submissions and evidence.
The adjudicator admitted the late evidence and the disputed treatment plans, finding no prejudice to the respondent and noting the tribunal's obligation to consider necessary documents.
On the merits, the adjudicator dismissed the application, finding the applicant failed to prove the treatment plans were reasonable and necessary.
The adjudicator preferred the respondent's insurer's examination reports, which consistently found the facility-based treatments unnecessary, over the applicant's clinic records.
The respondent's request for costs was also denied.
OLATOntario Licence Appeal TribunalFeb 11, 2021
