Application for accident benefits dismissed due to unreliable medical assessments conducted without an independent interpreter.
The applicant sought entitlement to psychological and physiotherapy treatment plans following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove the treatments were reasonable and necessary.
The Tribunal assigned less weight to the applicant's psychological and occupational therapy assessments because they were conducted without an independent Tamil interpreter, despite the applicant's documented language barrier.
Conversely, the Tribunal preferred the respondent's independent medical examinations, which utilized qualified interpreters and found no objective evidence of residual impairment requiring further treatment.
OLATOntario Licence Appeal TribunalOct 29, 2019