Application for income replacement benefits and treatment plans dismissed as applicant failed to prove substantial inability or medical necessity.
The applicant sought income replacement benefits (IRB) and approval for two treatment plans (interpretation services and an orthopaedic assessment) following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to prove she suffered a substantial inability to perform the essential tasks of her pre-accident employment as a customer service clerk.
The Tribunal also found the proposed treatment plans were not reasonable and necessary, as the applicant could communicate adequately in English and her injuries were uncomplicated soft tissue strains that did not warrant an orthopaedic assessment.
Claims for interest and a special award were consequently dismissed.
OLATOntario Licence Appeal TribunalOct 15, 2024