Application for accident benefits dismissed due to expired limitation period, non-attendance at insurer examinations, and lack of medical necessity.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer denied several treatment plans and non-earner benefits, raising preliminary issues of limitation periods and non-compliance with insurer examinations.
The Tribunal found that the applicant failed to dispute the 2017 treatment plans within the two-year limitation period and declined to extend the time under s. 7 of the LAT Act due to the applicant's failure to attend s. 44 insurer examinations.
The Tribunal also found the applicant was barred from receiving non-earner benefits due to this non-compliance.
Finally, the Tribunal concluded the 2018 and 2019 treatment plans were not reasonable and necessary, preferring the evidence of the respondent's chronic pain specialist over the applicant's chiropractor.
OLATOntario Licence Appeal TribunalJun 9, 2021
