Application for non-earner and medical benefits dismissed as applicant resumed pre-accident activities and reached treatment plateau.
The applicant sought a non-earner benefit and a medical benefit for chiropractic services following a motor vehicle accident.
The adjudicator found that the applicant did not meet the test for a non-earner benefit, as video surveillance and medical assessments demonstrated she had resumed most of her pre-accident activities, including caring for her children, driving, and household chores.
The adjudicator also denied the medical benefit for chiropractic services, finding it was not reasonable and necessary because the applicant had reached a plateau in her recovery and was successfully participating in an independent exercise program.
Claims for an award under Ontario Regulation 664 and interest were consequently dismissed.
OLATOntario Licence Appeal TribunalJun 25, 2019
