Treatment plans for physiotherapy and chronic pain assessment approved; insurer's causation denial rejected.
The applicant sought statutory accident benefits for physiotherapy and a chronic pain assessment following a motor vehicle accident.
The insurer denied the treatment plans, citing a gap in treatment and an insurer's examination concluding the shoulder injury was not causally linked to the accident.
The Licence Appeal Tribunal found the treatment plans were reasonable and necessary, noting the applicant's ongoing pain and the lack of explanation from the insurer's assessor regarding causation.
The Tribunal ordered the insurer to pay for the physiotherapy and chronic pain assessment with interest, but denied the applicant's request for a bad faith award.
Kerron Blair v. Aviva Insurance Canada, 2019 CanLII 72229