The claimant was being transported by the Ontario Provincial Police in the rear box of a prisoner’s transportation van. During the transport, the van struck a moose and the claimant, handcuffed and shackled, was thrown towards the front of the van, suffering physical and psychological injuries. He applied for and received accident benefits from the insurer for the OPP. He applied to the LAT seeking entitlement to further medical benefits. Adjudicator Boyce found that the claimant was not entitled to the disputed benefits because he had not proven they were reasonable and necessary, and the claimant had failed to comply with section 33 requests for productions. Adjudicator Boyce noted that no records from a family doctor or objective medical professional were submitted into evidence, and simply reproducing the particulars of an OCF-18 was insufficient to prove a proposed benefit is reasonable and necessary. Adjudicator Boyce further noted that the insurer was not required to pay for treatment for impairments that pre-dated the accident, such as addiction issues and personality disorder. Adjudicator Boyce found that the level of driving anxiety was so mild it did not warrant a diagnosis. In addition, it was found that treatment for driving anxiety was no longer relevant as the claimant was required to surrender his driver’s licence following a conviction for an offence. A proposed functional abilities assessment was considered not appropriate as the claimant was not employed prior to the accident and was not seeking IRBs. There was no evidence to support the need for an adjustable bed and mattress.
