Application for non-earner benefits and physiotherapy dismissed as applicant failed to meet statutory tests.
The applicant sought a non-earner benefit and funding for physiotherapy following a motor vehicle accident.
The adjudicator found that the applicant failed to prove she suffered a complete inability to carry on a normal life, as she continued to engage in substantially all of her pre-accident activities of daily living.
Furthermore, the adjudicator concluded that the proposed physiotherapy was not reasonable and necessary as a result of the accident, accepting expert evidence that the applicant's accident-related injuries had resolved and her ongoing issues were due to pre-existing osteoarthritis.
The application was dismissed.
OLATOntario Licence Appeal TribunalFeb 7, 2022
