Application for statutory accident benefits dismissed as proposed treatments were not proven reasonable and necessary.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy, optometric services, and prescription expenses.
The respondent denied the treatment plans on the basis that they were not reasonable and necessary.
The Tribunal found that the applicant failed to meet the burden of proving the treatments were reasonable and necessary, preferring the evidence of the respondent's insurer's examination assessors over the applicant's treatment plans and reports, which lacked sufficient documentation and relied on unsupported assumptions of a concussion.
The application was dismissed.
OLATOntario Licence Appeal TribunalDec 12, 2023