Non-earner benefit and chronic pain assessment denied; balance of chiropractic treatment plan approved.
The applicant, a pedestrian struck by a vehicle, sought a non-earner benefit, the cost of a chronic pain assessment, and a medical benefit for chiropractic treatment under the Statutory Accident Benefits Schedule.
The Tribunal found that the applicant did not suffer a complete inability to carry on a normal life, as she continued to engage in many pre-accident activities, and therefore denied the non-earner benefit.
The Tribunal also denied the cost of the chronic pain assessment, finding it was not reasonable and necessary as it would not add new information to the file.
However, the Tribunal ordered the respondent to pay the outstanding balance for the chiropractic treatment plan, noting that the respondent's own assessor recommended continued facility-based active treatment.
OLATOntario Licence Appeal TribunalMar 19, 2019
