Dr. Tanya Polonenko

The applicant sought statutory accident benefits for optometric services, a functional abilities evaluation, and physiotherapy following a 2018 motor vehicle accident.

The Licence Appeal Tribunal dismissed the application, finding the applicant failed to meet his onus to prove the treatments were reasonable and necessary.

The Tribunal drew an adverse inference from the applicant's failure to produce agreed-upon medical and employment records.

The Tribunal preferred the respondent's expert evidence, which indicated the applicant had reached maximum medical recovery and that the proposed vision therapy was not a recognized treatment.

The applicant sought entitlement to various statutory accident benefits following a 2018 motor vehicle accident, including multiple treatment plans for social work, case management, vision therapy, and psychological services, as well as reimbursement for out-of-pocket expenses.

The Licence Appeal Tribunal dismissed the application in its entirety.

The adjudicator found that the applicant failed to meet the burden of proving the claimed benefits were reasonable and necessary, largely due to a lack of contemporaneous, corroborating medical evidence and a failure to properly reference evidence in the document brief.

Claims for interest and an award for unreasonable delay were consequently denied.