Treatment plans for physiotherapy and assistive devices approved; non-earner benefit and special award denied.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including a non-earner benefit, treatment plans for physiotherapy and assistive devices, interest, and a special award.
The Licence Appeal Tribunal found that the applicant was not entitled to the non-earner benefit because he did not suffer a complete inability to carry on a normal life, noting he returned to school and engaged in more activities post-accident than pre-accident.
However, the Tribunal approved the three treatment plans for physiotherapy and the balance of the plan for assistive devices, finding them reasonable and necessary to treat his ongoing left elbow impairment.
Interest was awarded on the approved plans.
The claim for a special award was dismissed as the insurer's reliance on its medical assessors was not unreasonable.
OLATOntario Licence Appeal TribunalMay 9, 2022