Application for accident benefits dismissed; applicant failed to prove disputed physiotherapy treatments were reasonable and necessary.
The applicant, a pedestrian struck by a motor vehicle, sought statutory accident benefits for two physiotherapy treatment plans that were partially denied by the respondent insurer.
The Tribunal found that the applicant failed to meet the onus of proving the disputed treatments were reasonable and necessary.
The Tribunal accepted the uncontradicted evidence of the insurer's medical expert, who opined that the applicant was near maximum medical recovery and required home-based exercise rather than further facility-based passive physiotherapy.
The appeal was dismissed.
OLATOntario Licence Appeal TribunalMar 26, 2019
