Accident benefits denied due to non-compliance with section 33 information requests and lack of medical necessity.
The applicant was struck by a motor vehicle as a pedestrian and sought statutory accident benefits, including income replacement benefits (IRBs), a functional abilities evaluation, and physiotherapy.
The insurer denied the claims.
The Licence Appeal Tribunal dismissed the appeal, finding the applicant was barred from claiming IRBs due to her failure to provide reasonably requested financial information under section 33 of the Schedule.
The Tribunal also found the applicant failed to prove the requested medical benefits and assessments were reasonable and necessary, preferring the insurer's medical evidence that the applicant had suffered uncomplicated soft tissue injuries that did not require further treatment.
OLATOntario Licence Appeal TribunalMar 29, 2019