Reconsideration granted for procedural fairness breach, but initial decision denying non-earner benefit confirmed on the merits.
The applicant requested a reconsideration of a decision denying him a non-earner benefit and interest.
The adjudicator found that the initial decision's failure to mention or weigh the applicant's medical evidence constituted a material breach of procedural fairness.
However, upon reconsidering the medical evidence, including reports from a pain specialist and clinical notes, the adjudicator concluded that the evidence did not establish that the applicant suffered a complete inability to carry on a normal life as a result of the accident.
The initial decision dismissing the application was confirmed.
OLATOntario Licence Appeal TribunalMay 23, 2024
