Application for non-earner benefits and physiotherapy dismissed for lack of evidence establishing impairment and necessity.
The applicant sought non-earner benefits and a physiotherapy treatment plan following a motor vehicle accident.
The Licence Appeal Tribunal excluded several of the applicant's medical reports because they were submitted eight months past the document exchange deadline, prejudicing the respondent.
On the merits, the Tribunal dismissed the claim for non-earner benefits, finding the applicant failed to provide sufficient evidence comparing her pre- and post-accident activities to establish a complete inability to carry on a normal life.
The Tribunal preferred the respondent's multidisciplinary insurer examination reports, which found no significant functional impairments.
The claim for the physiotherapy treatment plan was also dismissed as the applicant provided minimal argument or evidence to demonstrate it was reasonable and necessary.
OLATOntario Licence Appeal TribunalMar 19, 2024
