Accident benefits claim dismissed because the applicant failed to prove causation due to extensive pre-existing conditions and evidentiary gaps.
The applicant sought statutory accident benefits for physiotherapy, a chronic pain program, and an orthopaedic assessment following a rear-end collision.
The respondent insurer denied the claims, arguing the applicant failed to prove the impairments were caused by the accident.
The Tribunal found that the applicant had an extensive pre-accident medical history, including knee replacements, fibromyalgia, and depression, and failed to provide sufficient clinical notes and records to establish a baseline for comparison.
The Tribunal gave no weight to the applicant's expert reports due to factual inaccuracies and incomplete medical reviews.
The application was dismissed as the applicant failed to prove causation on a balance of probabilities.
OLATOntario Licence Appeal TribunalJun 28, 2019
