Application for non-earner and medical benefits dismissed as applicant failed to prove complete inability.
The applicant, who was a passenger in a rear-end motor vehicle collision, applied for a non-earner benefit and a medical benefit for physiotherapy.
The adjudicator found that the applicant did not suffer a complete inability to carry on a normal life, noting that her post-accident activities, including attending college and working part-time, contradicted her claims of impairment.
The adjudicator also denied the medical benefit, relying on the insurer's independent medical examination reports which concluded the applicant had reached maximum medical recovery and found no objective medical evidence to support the need for further physiotherapy.
The application was dismissed in its entirety.
OLATOntario Licence Appeal TribunalJun 13, 2019
