Reconsideration request denied; no errors of law or fact found in denial of accident benefits.
The applicant sought reconsideration of a Licence Appeal Tribunal decision denying her attendant care benefits and disputed treatment plans following a motor vehicle accident.
The applicant argued the adjudicator erred in applying the causation test, failed to consider new impairments, made factual errors regarding her pre-accident medication, and exceeded his jurisdiction by ordering her to pay witness fees.
The Tribunal dismissed the request, finding no significant legal or evidentiary errors that would have changed the outcome.
The adjudicator's reliance on pre-accident medical records showing chronic pain and opioid use was reasonable, and the Tribunal possessed the jurisdiction to order payment of witness fees under Rule 8.3 of the Common Rules.
OLATOntario Licence Appeal TribunalOct 19, 2023