Insurer's reconsideration request dismissed; no error in weighing medical evidence or finding implicit waiver of signature requirement.
The respondent insurer requested a reconsideration of a Tribunal decision that found the applicant entitled to a chronic pain assessment.
The insurer argued the Tribunal erred in law by failing to consider the proposed assessor's qualifications, by not giving significant weight to its medical doctor's paper review over the applicant's chiropractor, and by finding the insurer waived the requirement for signed treatment plans under s. 38(3) of the Schedule.
The Tribunal dismissed the request, finding no error in the original adjudicator's weighing of the medical evidence.
Furthermore, the Tribunal upheld the finding that the insurer implicitly waived the signature requirement by scheduling a s. 44 examination and responding to the unsigned OCF-18 without raising the issue until the hearing.
OLATOntario Licence Appeal TribunalMay 30, 2019
