Reconsideration of accident benefits decision dismissed as applicant failed to meet the high threshold under Rule 18.2.
The applicant requested a reconsideration of a Licence Appeal Tribunal decision that denied various statutory accident benefits, including attendant care, home modifications, and occupational therapy.
The applicant argued the Tribunal violated procedural fairness, made errors of fact, relied on false evidence from an occupational therapist, and that new medical evidence was available.
The Vice-Chair dismissed the request, finding no procedural unfairness in separating the hearings, no errors in weighing the evidence, that the occupational therapist's prior disciplinary record did not render her evidence false, and that the new medical report would not have changed the outcome as it relied on self-reporting previously deemed unreliable.
OLATOntario Licence Appeal TribunalOct 13, 2023