Application for non-earner benefits and physiotherapy dismissed; applicant failed to prove complete inability.
The applicant sought entitlement to non-earner benefits and two physiotherapy treatment plans following a motor vehicle accident.
The adjudicator found that the applicant did not suffer a complete inability to carry on a normal life, noting inconsistencies in her testimony, a lack of supporting medical documentation, and surveillance evidence showing her engaging in various activities such as driving and shopping.
The adjudicator also dismissed the claims for physiotherapy, finding the treatment plans were not reasonable and necessary, relying on insurer examination reports that concluded the applicant had reached maximum medical improvement and should continue with a self-directed home exercise program.
The application was dismissed.
OLATOntario Licence Appeal TribunalApr 24, 2019