Application for accident benefits dismissed as treatment plans were not reasonable and necessary.
The applicant sought payment for chiropractic and psychological treatment plans following a motor vehicle accident.
The respondent insurer argued it was not liable due to the applicant's failure to provide requested medical records under s. 33 of the Schedule.
The Tribunal found the requested information was not reasonably required, as the insurer had already denied the claims on their merits.
However, on the substantive issues, the Tribunal dismissed the application, finding that neither treatment plan was reasonable and necessary given the preponderance of medical evidence, including multiple insurer examinations indicating no further need for treatment and a lengthy gap in seeking treatment.
The respondent's request for costs was also denied.
S. U. v. Wawanesa Mutual Insurance Company, 2017 CanLII 59508