Application for accident benefits dismissed as applicant failed to prove impairments were caused by the collision.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to various treatment plans for psychological services, occupational therapy, assistive devices, and a chronic pain assessment.
The respondent insurer denied the benefits, arguing the applicant's impairments were pre-existing and not caused or exacerbated by the accident.
The Licence Appeal Tribunal dismissed the application, finding the applicant failed to meet the "but for" test for causation.
The Tribunal relied on extensive pre-accident medical records and independent medical examinations demonstrating the applicant had a significant history of chronic pain, substance abuse, and psychological impairments that were unaffected by the accident.
Claims for an award for unreasonable delay and interest were also dismissed.
OLATOntario Licence Appeal TribunalMay 3, 2024
