Ongoing non-earner benefits denied due to post-accident activity levels, but physiotherapy treatment plans approved.
The applicant sought statutory accident benefits following a motor vehicle accident, including ongoing non-earner benefits and two physiotherapy treatment plans.
The insurer had paid non-earner benefits for six months but sought to retroactively terminate them, while also denying the treatment plans.
The Licence Appeal Tribunal found that the applicant did not meet the test for ongoing non-earner benefits after November 2015, given her level of post-accident activity, but refused to retroactively terminate the benefits already paid.
The Tribunal granted the two physiotherapy treatment plans, finding them reasonable and necessary due to the close connection between the applicant's physical pain and her psychological conditions, including post-traumatic stress disorder and depression.
OLATOntario Licence Appeal TribunalJan 11, 2018
