Application for non-earner benefits and treatment plans dismissed as impairments were pre-existing.
The applicant sought non-earner benefits and funding for two chiropractic treatment plans following a motor vehicle accident.
The respondent denied the benefits based on insurer examinations which concluded the applicant's impairments were pre-existing and did not result in a complete inability to carry on a normal life.
The Tribunal preferred the respondent's multidisciplinary assessment over the applicant's late-filed psychological report, finding the latter lacked contemporaneous relevance and adequate documentary review.
The Tribunal dismissed the application, concluding the applicant failed to prove entitlement to the non-earner benefit or the disputed treatment plans.
OLATOntario Licence Appeal TribunalDec 11, 2023