Application for accident benefits dismissed due to non-compliance with document requests and failure to disclose pre-existing conditions.
The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and a medical benefit for physiotherapy.
The respondent denied the claims, arguing the applicant's injuries were predominantly minor and that he failed to meet the test for a non-earner benefit.
The Tribunal dismissed the application, finding the applicant failed to comply with requests for medical documentation under s. 33 of the Schedule and failed to submit a properly signed disability certificate in a timely manner.
Furthermore, the Tribunal found the applicant was not truthful with assessors regarding his extensive pre-existing chronic pain conditions, drawing an adverse inference from his failure to produce family doctor records.
The Tribunal concluded the applicant did not suffer a complete inability to carry on a normal life and failed to prove his injuries warranted treatment beyond the $3,500 Minor Injury Guideline limit.
OLATOntario Licence Appeal TribunalJan 19, 2023
