Accident benefits claim dismissed; expert evidence established lack of objective impairment and non-credible symptom reporting.
The applicant sought statutory accident benefits following a sideswipe motor vehicle collision, claiming entitlement to an income replacement benefit, various medical and rehabilitation treatment plans, and a special award.
The respondent denied the benefits on the basis that the applicant did not suffer a substantial inability to perform the essential tasks of her employment and that the proposed treatments were not reasonable or necessary.
The Tribunal dismissed the application in its entirety, preferring the evidence of the respondent's experts who found no objective pathology, noted significant self-limiting and non-credible behaviour on validity testing, and concluded the collision forces were insufficient to cause the alleged mild traumatic brain injury.
The claim for a special award was also dismissed as the respondent's adjusting was found to be reasonable.
OLATOntario Licence Appeal TribunalApr 13, 2023
