Olga Poznyakova

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to non-earner benefits (NEB) and a medical benefit for a physiotherapy treatment plan.

The Licence Appeal Tribunal found that the applicant failed to establish a complete inability to carry on a normal life, as she was still able to partially perform her pre-accident activities, and thus dismissed the NEB claim.

The Tribunal partially approved the physiotherapy treatment plan, finding it reasonable and necessary for pain reduction, but deducted costs incurred prior to the submission of the plan pursuant to s. 38(2) of the Schedule.

The claim for a special award under Ontario Regulation 664 was dismissed as the insurer's denials were not unreasonable.

The applicant brought a motion to exclude two medical reports obtained by the respondent insurer without providing the required notice under s. 44(5)(a) of the Statutory Accident Benefits Schedule.

The respondent admitted the failure to provide notice was a clerical error.

The adjudicator granted the motion, finding that the notice requirement is mandatory and the appropriate remedy for non-compliance is the exclusion of the reports.

The applicant also brought a motion for the adjudicator to recuse himself on the basis of a reasonable apprehension of bias, arguing that having read the excluded reports, the adjudicator could not decide the substantive issues fairly.

The adjudicator dismissed the recusal motion, holding that the applicant failed to meet the high threshold to establish bias, as adjudicators routinely rule on the admissibility of evidence without being disqualified from hearing the merits.