Applicant partially successful in claiming medical and rehabilitation benefits; attendant care and special award denied.
The applicant sought various medical, rehabilitation, and attendant care benefits following a motor vehicle accident.
The respondent denied the benefits, and the applicant applied to the Licence Appeal Tribunal.
The Tribunal found that the applicant was entitled to some of the proposed psychological, physiotherapy, and chiropractic treatment plans, primarily for the completion of OCF-18 forms and where contemporaneous medical evidence supported the need for treatment.
However, the Tribunal dismissed the claims for attendant care benefits, medication expenses, and several other treatment plans due to a lack of supporting evidence.
The request for a special award under s. 10 of Reg. 664 was also dismissed, as the applicant failed to prove the respondent acted unreasonably.
OLATOntario Licence Appeal TribunalFeb 14, 2025