Application for accident benefits dismissed due to failure to submit treatment plans into evidence.
The applicant sought statutory accident benefits for various treatment plans and assessments following a motor vehicle accident.
The respondent denied the benefits.
The Tribunal dismissed the application, finding that the applicant failed to meet her burden of proving the treatment plans were reasonable and necessary.
Crucially, the applicant failed to submit the actual treatment plans (OCF-18s) into evidence, making it impossible for the Tribunal to assess them.
Furthermore, the Tribunal preferred the respondent's medical evidence, including multiple insurer examinations, which concluded the applicant had reached maximum medical improvement and did not require the disputed treatments.
OLATOntario Licence Appeal TribunalApr 18, 2023