The applicant was injured in a motor vehicle accident in 2004 and sought payment for two chiropractic treatment plans (OCF-18 and OCF-21) submitted near the end of the 10-year limitation period.
The insurer denied payment, arguing the treatments were not actually received within the 10-year period.
The arbitrator applied the test from Monks v. ING Insurance, finding that an expense is 'incurred' if its reasonable necessity and amount are determined with certainty before the limitation period expires.
Since the amounts were clearly outlined and reasonably certain before the 10-year mark, the expenses were deemed incurred and payable by the insurer.
