Application for statutory accident benefits dismissed as proposed treatment plans were not reasonable and necessary.
The applicant sought entitlement to statutory accident benefits for chiropractic services, assistive devices, a chronic pain assessment, and a neurological assessment following a 2019 motor vehicle accident.
The respondent insurer denied the benefits and requested the exclusion of late-filed medical records, which the Tribunal allowed into evidence as the delay was minimal and non-prejudicial.
Ultimately, the Tribunal dismissed the application, finding that the applicant failed to meet her burden of proving the treatment plans were reasonable and necessary.
The Tribunal preferred the objective medical evidence from the respondent's multiple insurer's examinations, which consistently found normal ranges of motion and no objective signs of accident-related impairments warranting the disputed treatments.
OLATOntario Licence Appeal TribunalOct 31, 2023
