Tribunal partially approves physiotherapy plans but denies remaining accident benefits claims for lack of evidence.
The applicant was injured in a motor vehicle accident and sought various medical and rehabilitation benefits, including physiotherapy, psychological treatment, and chronic pain programs, which the respondent insurer denied.
The Licence Appeal Tribunal found that the first two physiotherapy plans were reasonable and necessary based on contemporaneous clinical notes and records showing ongoing physical impairment.
However, the Tribunal dismissed the claims for the remaining physiotherapy plans and all other treatment and assessment plans, finding the applicant failed to meet his evidentiary burden and relying on unpersuasive or unsupported expert reports.
The applicant was awarded the first two physiotherapy plans with interest, and the remainder of the application was dismissed.
OLATOntario Licence Appeal TribunalJun 11, 2024
