Application for statutory accident benefits dismissed; applicant failed to prove entitlement to IRBs and treatment.
The applicant sought entitlement to income replacement benefits, various medical benefits, interest, and an award under the Statutory Accident Benefits Schedule following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application in its entirety.
The adjudicator found the applicant did not qualify for income replacement benefits as she was not employed for 26 of the 52 weeks prior to the accident and was receiving the Canadian Emergency Response Benefit, not Employment Insurance.
The claims for a chronic pain assessment, psychological treatment, and chiropractic treatment were denied as the applicant failed to demonstrate they were reasonable and necessary, with the adjudicator preferring the respondent's medical evidence.
OLATOntario Licence Appeal TribunalNov 5, 2024
