Claims for costs and a special award dismissed as the insurer's initial denial of benefits was reasonable.
The applicant was injured in a motor vehicle accident and sought medical benefits for a chiropractic treatment plan.
The respondent initially denied the plan but paid it after the applicant filed an appeal with the Licence Appeal Tribunal.
The applicant subsequently sought costs of the proceeding and a special award, alleging the respondent unreasonably withheld payment.
The Tribunal dismissed both claims, finding the respondent's initial denial and request for updated medical records was not unreasonable given the prior medical evidence indicating the applicant had recovered.
The Tribunal also found no evidence of unreasonable or bad faith conduct during the proceeding to justify a costs award.
OLATOntario Licence Appeal TribunalFeb 23, 2017
