Application for accident benefits dismissed as treatment plan lacked contemporaneous objective supporting evidence.
The applicant sought entitlement to a treatment plan for occupational therapy, kinesiology services, and a Samsung tablet following a 2010 motor vehicle accident, as well as an award under Regulation 664 for unreasonable delay.
The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to provide compelling contemporaneous evidence to prove the treatment plan was reasonable and necessary.
The Tribunal also relied on an insurer's examination report indicating the applicant was largely independent in his daily activities.
The claim for an award was dismissed as the applicant failed to demonstrate the insurer's actions were excessive or imprudent.
OLATOntario Licence Appeal TribunalFeb 7, 2022
