Accident benefits largely denied and $3,000 repayment ordered due to wilful misrepresentation and surveillance evidence.
The applicant sought various statutory accident benefits following a motor vehicle accident.
The Tribunal found the applicant was barred from claiming a non-earner benefit because she ought reasonably to have known her vehicle was uninsured at the time of the accident.
Claims for attendant care benefits and most treatment plans were denied, as medical and surveillance evidence demonstrated her injuries had healed and her presentation was exaggerated.
The Tribunal ordered the applicant to repay $3,000 in attendant care benefits, finding she wilfully misrepresented the extent of services received from personal support workers.
The applicant was awarded $80 for the outstanding balance of an assistive devices treatment plan.
OLATOntario Licence Appeal TribunalMay 7, 2025