Application for accident benefits dismissed; applicant failed to prove inability to work or need for treatment.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to an income replacement benefit (IRB), chiropractic treatment plans, and an orthopaedic assessment.
The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove a substantial inability to perform his essential work tasks within 104 weeks of the accident, or a complete inability to work thereafter.
The Tribunal preferred the evidence of the insurer's examiners over the applicant's assessors, noting the lack of corroborating medical evidence for the applicant's claimed impairments.
The claims for treatment plans and assessments were also dismissed as the applicant failed to establish they were reasonable and necessary.
OLATOntario Licence Appeal TribunalDec 20, 2023
