Accident benefits denied as applicant failed to prove impairments were caused by the accident rather than pre-existing injury.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits, including attendant care benefits, non-earner benefits, and a treatment plan for physiotherapy.
The respondent denied the benefits, arguing the applicant's impairments were related to a severe pre-existing workplace injury.
The Tribunal found that the applicant failed to prove his need for attendant care and physiotherapy was caused by the accident, as his pre-accident medical records showed similar functional limitations.
The Tribunal also found the applicant did not suffer a complete inability to carry on a normal life.
However, the Tribunal awarded non-earner benefits for a brief two-week period due to the respondent's failure to pay following the submission of a completed disability certificate.
The application was otherwise dismissed.
OLATOntario Licence Appeal TribunalJan 30, 2024
