Application for non-earner and medical benefits dismissed; applicant failed to prove complete inability to carry on normal life.
The applicant sought a non-earner benefit and a medical benefit for occupational therapy following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application.
The adjudicator found the applicant failed to prove a complete inability to carry on a normal life, noting she had resumed many pre-accident activities such as driving long distances and attending exercise classes.
The adjudicator also denied the occupational therapy treatment plan, finding it was submitted specifically for whiplash-associated disorder, whereas the applicant's evidence supporting the need for therapy related entirely to cognitive deficits from a concussion.
Claims for interest and a special award were consequently dismissed.
OLATOntario Licence Appeal TribunalDec 16, 2022
