Accident benefits denied; applicant barred from catastrophic impairment claim for failing to attend insurer's examination.
The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit, chiropractic services, and various expenses.
The adjudicator first determined that the applicant was barred from proceeding on the issue of catastrophic impairment because he failed to attend a properly noticed insurer's examination.
On the merits, the adjudicator dismissed the claim for a non-earner benefit, finding that the applicant's post-accident functional abilities demonstrated he did not suffer a complete inability to carry on a normal life.
The claims for chiropractic services and out-of-pocket expenses were also dismissed, as the applicant failed to prove they were reasonable and necessary to treat an accident-related injury, with evidence showing his pain was likely a continuation of pre-existing chronic pain.
Claims for interest and a special award were consequently denied.
OLATOntario Licence Appeal TribunalJan 15, 2025
