Reconsideration request dismissed; original Tribunal reasonably applied legal tests and preferred insurer's expert evidence.
The applicant requested a reconsideration of a Tribunal decision denying her claims for non-earner benefits, chiropractic services, Botox injections, and psychological services following a 2015 motor vehicle accident.
The applicant argued the Tribunal failed to apply the correct legal tests, ignored medical evidence, and violated procedural fairness when an adjudicator lost hearing notes.
The adjudicator dismissed the reconsideration request, finding that the original Tribunal correctly applied the test for non-earner benefits, reasonably preferred the insurer's expert evidence regarding the disputed treatment plans, and that the loss of notes did not result in procedural unfairness.
OLATOntario Licence Appeal TribunalJul 10, 2019
