Accident benefits claim for psychological treatment dismissed due to lack of contemporaneous evidence and pre-existing conditions.
The applicant sought accident benefits for a psychological assessment and psychological services following a motor vehicle accident.
The respondent denied the treatment plans and raised a preliminary issue regarding the two-year limitation period.
The Tribunal found the application was commenced within the limitation period, factoring in mailing delivery standards.
On the substantive issues, the Tribunal dismissed the claims, finding the applicant failed to demonstrate the treatment plans were reasonable and necessary.
The Tribunal noted a lack of contemporaneous evidence of psychological complaints and found the applicant's pre-accident medical history contradicted her reports to the assessors.
OLATOntario Licence Appeal TribunalFeb 26, 2025
