Application for statutory accident benefits dismissed as treatment plans were not reasonable and necessary.
The applicant, a tourist from China, was injured in a motorcoach accident and sought statutory accident benefits, including attendant care benefits (ACB) and various medical and rehabilitation benefits.
The respondent denied the benefits.
The Tribunal found that the applicant failed to prove the treatment plans were reasonable and necessary, preferring the respondent's section 44 assessors who found normal range of motion and negative response bias over the applicant's outdated and self-report-based assessments.
The Tribunal also found the applicant was not entitled to ACB due to inconsistent evidence regarding incurred expenses and non-compliance with section 33 of the Schedule.
The application was dismissed.
OLATOntario Licence Appeal TribunalNov 15, 2023
