Application for non-earner benefits and treatment plans dismissed; applicant failed to prove complete inability to carry on normal life.
The applicant sought statutory accident benefits following a rear-end motor vehicle collision, claiming entitlement to a non-earner benefit (NEB) and several treatment plans for physiotherapy and psychological services.
The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to demonstrate a complete inability to carry on a normal life, as she continued to perform most of her pre-accident activities, albeit with some pain and modifications.
The Tribunal preferred the evidence of the insurer's assessors over the applicant's assessors, noting the latter failed to review medical records or diagnostic imaging.
The Tribunal also found the disputed treatment plans were not reasonable and necessary, and the insurer's denial notices were compliant with the Schedule.
OLATOntario Licence Appeal TribunalMay 30, 2024
