Application for statutory accident benefits dismissed as applicant failed to prove treatments were reasonable and necessary.
The applicant sought statutory accident benefits following a rear-end motor vehicle collision.
The applicant claimed entitlement to expenses for vision therapy and eyeglasses, physiotherapy services, and the unapproved balance of a psychological assessment.
The Tribunal dismissed the application in its entirety.
The Tribunal found that the applicant failed to establish on a balance of probabilities that the visual impairments were caused by the accident, relying on the respondent's optometry assessment.
The Tribunal also preferred the respondent's physiatry assessments, which concluded that maximum therapeutic benefit had been reached, over the applicant's lack of responding reports regarding physical injuries.
Finally, the Tribunal found the applicant failed to justify the additional cost claimed for the psychological assessment beyond what the respondent had already approved.
OLATOntario Licence Appeal TribunalMay 11, 2022
