The applicant sought a non-earner benefit and a medical benefit for occupational therapy following a motor vehicle accident. The Licence Appeal Tribunal dismissed the application. The adjudicator found the applicant failed to prove a complete inability to carry on a normal life, noting she had resumed many pre-accident activities such as driving long distances and attending exercise classes. The adjudicator also denied the occupational therapy treatment plan, finding it was submitted specifically for whiplash-associated disorder, whereas the applicant's evidence supporting the need for therapy related entirely to cognitive deficits from a concussion. Claims for interest and a special award were consequently dismissed.
Citation: Berger v. Aviva General Insurance Company, 2022 ONLAT 20-002411/AABS
Licence Appeal Tribunal File Number: 20-002411/AABS
In the matter of an application pursuant to subsection 280(2) of the [Insurance Act](https://www.canlii.org/en/on/laws/stat/rso-1