The applicant sought statutory accident benefits for physiotherapy and a psychiatric assessment following a motor vehicle accident.
The Tribunal dismissed the claims for physiotherapy, finding the applicant failed to prove the treatments were reasonable and necessary given his pre-existing back pain and lack of accident-related complaints in his medical records.
However, the Tribunal ordered the insurer to pay for the psychiatric assessment because the insurer failed to provide proper notice of refusal within 10 business days as required by section 38(8) of the Schedule.
