Application for non-earner benefit dismissed; applicant failed to prove complete inability or causation given pre-existing conditions.
The applicant sought a non-earner benefit following a motor vehicle accident, claiming a complete inability to carry on a normal life due to physical and psychological impairments.
The respondent denied the benefit, arguing the applicant's psychological issues were pre-existing and that she failed to meet the rigid test for a complete inability.
The Tribunal found that the applicant's psychological assessments lacked objective baseline information regarding her pre-accident activities and afforded them less weight.
Relying on pre-accident medical records showing significant pre-existing limitations, the Tribunal concluded the applicant failed to prove her impairments were caused by the accident or that she suffered a complete inability.
The application was dismissed.
OLATOntario Licence Appeal TribunalJun 17, 2022
