Application for accident benefits dismissed due to lack of causation and expired limitation period.
The applicant sought entitlement to a non-earner benefit, an attendant care benefit, and a treatment plan for psychological services following a motor vehicle accident on December 3, 2010.
The respondent denied the benefits, arguing the injuries were minor and the treatment plan was not reasonable and necessary.
The Tribunal found that the applicant failed to establish causation for the non-earner and attendant care benefits, noting her current complaints mimicked those from a prior 2008 accident for which she was already receiving benefits.
The Tribunal also found the claim for psychological services was statute-barred because the applicant failed to dispute the clear and unequivocal denial within the two-year limitation period.
The application was dismissed in its entirety.
OLATOntario Licence Appeal TribunalJul 31, 2020
