Application for accident benefits dismissed as requested treatments were not reasonable and necessary.
The applicant sought various medical benefits, including psychological, orthopedic, and neurological assessments, as well as physiotherapy, following a motor vehicle accident.
The respondent denied the benefits, arguing the injuries fell within the Minor Injury Guideline and were largely related to pre-existing conditions.
The Tribunal found that the applicant's elbow issues pre-dated the accident and were not exacerbated by it.
Furthermore, surveillance evidence and insurer's examinations demonstrated that the requested assessments and treatments were not reasonable and necessary.
The application was dismissed, and no interest was payable.
OLATOntario Licence Appeal TribunalApr 9, 2025