Non-earner benefits denied where applicant's recovery allowed return to substantially all pre-accident activities.
The 79-year-old applicant sought non-earner benefits following a motor vehicle accident.
The insurer paid benefits until January 28, 2017, but terminated them based on multidisciplinary assessments indicating the applicant no longer suffered a complete inability to carry on a normal life.
The Tribunal applied the Heath framework and found that, due to successful physiotherapy and psychotherapy, the applicant had recovered sufficiently to engage in substantially all of his pre-accident activities.
The Tribunal also found the applicant non-compliant for failing to attend a scheduled insurer examination in September 2018, providing an independent basis for termination.
The application was dismissed.
OLATOntario Licence Appeal TribunalApr 8, 2020
