Income replacement benefits and most treatment plans denied due to surveillance contradicting self-reported limitations.
The applicant was injured in a rear-end motor vehicle accident and sought income replacement benefits, various treatment plans, and a chronic pain assessment from her insurer.
The Licence Appeal Tribunal found that the applicant did not suffer a substantial inability to perform the essential tasks of her pre-accident employment, relying on surveillance evidence that contradicted her self-reported limitations.
The Tribunal approved treatment plans for physiotherapy and massage therapy as reasonable and necessary, but denied plans for drive counselling, a treadmill, and a chronic pain assessment due to insufficient medical evidence and inconsistencies in the applicant's presentation.
Claims for an award for unreasonably delayed payments were also dismissed.
OLATOntario Licence Appeal TribunalFeb 21, 2019