Application for accident benefits allowed in part; chronic pain assessment granted but non-earner benefits denied.
The applicant sought statutory accident benefits following a motor vehicle accident, including non-earner benefits (NEBs) and several treatment plans for physiotherapy, orthotics, and a chronic pain assessment.
The Licence Appeal Tribunal found that the applicant did not suffer a complete inability to carry on a normal life, as her impairments were not continuous and she was able to work part-time.
The Tribunal denied the physiotherapy and orthotics treatment plans due to a lack of compelling evidence of their reasonableness and necessity.
However, the Tribunal granted the $2,200 treatment plan for a chronic pain assessment, finding that the applicant's pain was worsened by the accident and warranted further investigation.
OLATOntario Licence Appeal TribunalJan 29, 2025