Application for statutory accident benefits dismissed as proposed medical assessments were not reasonable and necessary.
The applicant was injured in a motor vehicle accident and sought payment for three medical assessments (neurological, chronic pain, and physiatry) under the Statutory Accident Benefits Schedule.
The respondent denied the benefits on the basis that they were not reasonable and necessary.
The Tribunal found that the applicant failed to meet his burden of establishing that the assessments were reasonable and necessary, noting a lack of objective medical evidence and inconsistencies in the applicant's self-reported functionality compared to pre-accident records and independent assessments.
The application was dismissed, and claims for interest and an award for unreasonable delay were also denied.
OLATOntario Licence Appeal TribunalMay 30, 2024