Application for accident benefits dismissed due to lack of medical evidence and findings of symptom magnification.
The applicant sought income replacement benefits (IRBs), medical benefits for chiropractic treatment, and medication expenses following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to prove a substantial inability to perform the essential tasks of his pre-accident employment for the pre-104 week period, and failed to prove a complete inability to engage in suitable employment for the post-104 week period.
The Tribunal preferred the evidence of the respondent's section 44 assessors, who noted symptom magnification and self-limited effort, over the applicant's experts who relied on incorrect employment information.
The claims for chiropractic treatment and medication were also dismissed for lack of supporting medical evidence.
OLATOntario Licence Appeal TribunalJul 21, 2022
