Application for accident benefits dismissed as applicant failed to prove treatments and attendant care were reasonable and necessary.
The applicant sought statutory accident benefits following a motor vehicle accident, including attendant care benefits and several treatment plans for occupational therapy, physiotherapy, and a chronic pain assessment.
The adjudicator dismissed the application in its entirety.
The adjudicator preferred the respondent's section 44 assessments over the applicant's evidence, finding the applicant's occupational therapy report to be of limited evidentiary value due to inconsistencies with clinical notes and records.
Furthermore, the applicant failed to meet her evidentiary burden for the treatment plans by not providing copies of the disputed OCF-18s or specific submissions addressing the goals and costs of the proposed treatments.
OLATOntario Licence Appeal TribunalDec 23, 2024
