Application for catastrophic impairment designation and physiotherapy benefits dismissed for lack of supporting evidence.
The applicant sought a determination that she sustained a catastrophic impairment as a result of a 2018 motor vehicle accident, along with entitlement to a physiotherapy treatment plan, an award, and interest.
The adjudicator found that the applicant failed to prove she met the criteria for catastrophic impairment under Criteria 6 (physical), 7 (combined physical and psychological), or 8 (mental/behavioural).
The adjudicator rejected the applicant's expert evidence, finding it inconsistent with the AMA Guides and unsupported by objective medical evidence.
The claim for the physiotherapy treatment plan was also dismissed as the applicant failed to include the plan in evidence or prove it was reasonable and necessary.
Consequently, the claims for an award and interest were dismissed.
OLATOntario Licence Appeal TribunalOct 16, 2024