Claims for catastrophic impairment assessments dismissed as applicant failed to prove causation given pre-existing conditions.
The applicant sought funding for catastrophic impairment assessments following two motor vehicle accidents in 2014 and 2016.
The insurer denied the treatment plans.
The Tribunal found that the applicant failed to prove the assessments were reasonable and necessary, as the medical evidence, including clinical notes from treating physicians, showed a history of pre-existing cognitive issues, depression, and anxiety that contradicted the applicant's neuropsychological expert.
The Tribunal also dismissed the claims for an award and interest, finding no evidence of unreasonable delay by the insurer.
OLATOntario Licence Appeal TribunalSep 19, 2022