Application for income replacement benefits dismissed as impairments were caused by an unrelated subsequent disc herniation.
The applicant sought income replacement benefits and a physiotherapy treatment plan following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's impairments were caused by a subsequent disc herniation rather than the accident.
The Tribunal found that the applicant's physical injuries from the accident were soft tissue injuries that had substantially healed before the disc herniation occurred.
The Tribunal preferred the evidence of the respondent's orthopaedic surgeon over the applicant's experts, concluding the applicant failed to prove on a balance of probabilities that his physical or psychological impairments were caused by the accident.
The application was dismissed, with no entitlement to benefits, an award, or interest.
OLATOntario Licence Appeal TribunalJul 9, 2021
