Application for statutory accident benefits dismissed due to inconsistent self-reporting undermining claims of impairment.
The applicant sought statutory accident benefits, including non-earner benefits, medical benefits for psychological services, chronic pain treatment, physiotherapy, and assessments, following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to prove her entitlement to the benefits.
The Tribunal gave substantial weight to the respondent's insurer's examination reports, noting that the applicant's self-reporting to her own experts was inconsistent with her statements to the respondent's assessors, undermining her claims of complete inability to carry on a normal life, psychological impairment, and chronic pain syndrome.
The applicant's requests for interest and a special award were also denied.
OLATOntario Licence Appeal TribunalNov 23, 2017