Application for accident benefits dismissed as ongoing impairments stemmed from pre-existing degenerative disc disease.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to various medical benefits including chiropractic treatment, occupational therapy, assistive devices, and medicinal cannabis.
The respondent denied the benefits, arguing the applicant's ongoing issues were related to pre-existing degenerative disc disease rather than the accident.
The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to prove her degenerative lumbar issues were caused or exacerbated by the accident.
The Tribunal preferred the evidence of the respondent's assessors, concluding the proposed treatments and devices were not reasonable and necessary as a result of the accident.
Claims for interest and an award for unreasonable delay were also dismissed.
OLATOntario Licence Appeal TribunalMay 23, 2025
