The applicant requested a reconsideration of a Licence Appeal Tribunal decision that denied entitlement to physiotherapy and psychological treatment plans, interest, and an award.
The Vice-Chair found that the original adjudicator erred in law and fact by requiring a diagnosis of chronic pain syndrome and relying on maximum medical recovery and a return to modified work to deny the physiotherapy plans, without linking these factors to the legal test for reasonableness and necessity.
These errors were material and likely affected the outcome.
However, the request regarding the psychological services plan was dismissed because the applicant had not addressed the applicable hourly rate in her initial submissions.
The decision regarding physiotherapy, interest, and an award was cancelled, and a rehearing before a new adjudicator was ordered.
