Application for income replacement and medical benefits dismissed as applicant failed to prove ongoing impairment.
The applicant, a pedestrian struck by a motor vehicle, sought income replacement benefits and funding for chronic pain and physiatry assessments from her insurer.
The Licence Appeal Tribunal found that the applicant failed to prove she suffered a substantial inability to perform the essential tasks of her pre-accident employment, relying on independent medical examinations that found no physical or psychological contraindications to her return to work.
The Tribunal also dismissed the claims for the assessments, finding them not reasonable and necessary given the lack of objective medical evidence supporting ongoing impairment and the applicant's self-reported improvements and return to work as a personal support worker.
The application was dismissed in its entirety.
OLATOntario Licence Appeal TribunalOct 10, 2018
