2 total
Application for accident benefits dismissed due to complete lack of objective medical evidence supporting the claims.
The applicant sought income replacement benefits and a physiotherapy treatment plan following a motor vehicle accident.
The adjudicator dismissed the application, finding that the applicant failed to meet her burden of proof.
The applicant provided no objective medical evidence, such as clinical notes or an OCF-18, to support her claims.
She relied solely on a psychological report that did not address her ability to work or need for physiotherapy.
Conversely, the respondent's medical examiners opined that the applicant did not suffer a substantial inability to perform her employment tasks and that the treatment was not reasonable and necessary.
Claims for non-earner and attendant care benefits dismissed as applicant failed to prove complete inability.
The applicant sought Non-Earner Benefits (NEBs) and Attendant Care Benefits (ACBs) following a motor vehicle accident.
The Tribunal dismissed the claim for NEBs, finding the applicant failed to prove a complete inability to carry on a normal life, noting surveillance evidence showing she could still drive, perform personal care, and shop.
The Tribunal also dismissed the claim for ACBs, finding the requested 90 hours per month was not reasonable or necessary given her demonstrated functionality, and the expenses were not incurred.
Claims for an award and interest were also dismissed.
No co-appearing lawyers found.
No judges found.