Application for accident benefits dismissed as applicant failed to prove treatment plans were reasonable and necessary.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including treatment plans for massage therapy, physiotherapy, psychological services, and an in-home attendant care assessment.
The respondent denied the treatment plans.
The Licence Appeal Tribunal found that the applicant failed to prove on a balance of probabilities that the disputed treatment plans were reasonable and necessary, noting a lack of objective medical evidence supporting the requests.
The Tribunal awarded interest on two previously approved and incurred expenses but declined to deem other approved but unincurred expenses as incurred under s. 3(8) of the Schedule, finding the respondent did not unreasonably withhold payment.
The applicant's claims for a special award and costs were dismissed.
OLATOntario Licence Appeal TribunalJul 12, 2021