Application for non-earner and medical benefits dismissed due to surveillance evidence contradicting self-reported limitations.
The applicant sought statutory accident benefits, including non-earner benefits and medical benefits for physiotherapy, following a motor vehicle accident.
The insurer denied the claims based on insurer's examinations and surveillance evidence showing the applicant working at a nail salon, which contradicted her self-reported limitations.
The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove a complete inability to carry on a normal life and that further physiotherapy was not reasonable and necessary.
Claims for an award and interest were also dismissed.
OLATOntario Licence Appeal TribunalJun 30, 2023