Accident benefits largely denied as ongoing impairments were attributed to pre-existing degenerative conditions rather than the accident.
The applicant sought various statutory accident benefits following a 2017 motor vehicle accident, including attendant care benefits, occupational therapy, assistive devices, and assessments.
The Licence Appeal Tribunal found that the applicant's ongoing impairments were caused by pre-existing degenerative conditions rather than the accident, relying on the respondent's orthopaedic assessment.
The Tribunal denied further attendant care benefits and most treatment plans, but approved a psychological assessment, an attendant care assessment, and an inner bathmat.
The claim for a special award was dismissed as the respondent did not act unreasonably or in bad faith.
OLATOntario Licence Appeal TribunalMay 1, 2023
