Application for non-earner and medical benefits dismissed due to lack of objective evidence and embellishment.
The applicant sought a non-earner benefit and a medical benefit for an occupational therapy assessment following a motor vehicle accident.
The Tribunal found that the applicant failed to establish a complete inability to carry on a normal life, noting inconsistent effort and embellishment during insurer's examinations.
The Tribunal preferred the insurer's expert reports over the applicant's psychological assessment, which failed to compare pre- and post-accident functioning.
The application was dismissed, and the applicant was not entitled to the claimed benefits or interest.
OLATOntario Licence Appeal TribunalApr 13, 2023
