Application for accident benefits dismissed as requested treatments and devices were for pre-existing conditions.
The applicant was injured in a motor vehicle accident and sought medical and rehabilitation benefits for assistive devices and laser foot therapy under the Statutory Accident Benefits Schedule.
The respondent denied the benefits, arguing they were not reasonable and necessary and were related to pre-existing conditions rather than the accident.
The Tribunal applied the 'but for' test for causation and found that the applicant failed to prove the requested treatments and devices were required due to accident-related impairments.
The Tribunal concluded the applicant's mobility and balance issues were pre-existing, and the foot numbness was related to prior chemotherapy.
The application was dismissed.
OLATOntario Licence Appeal TribunalJan 11, 2021
