The insurer requested a reconsideration of a Licence Appeal Tribunal decision that found the claimant's psychological injuries fell outside the Minor Injury Guideline and approved a $2,200 psychological assessment.
The insurer argued the adjudicator erred in law and breached procedural fairness by relying on the claimant's psychologist, who had only been licensed for three months and did not comply with the Tribunal's expert witness rules.
The Vice-Chair denied the reconsideration, applying the Westerhof framework to find that the claimant's psychologist was a participant expert, not a litigation expert, and thus exempt from the strict expert rules.
The Vice-Chair concluded the adjudicator made no material errors of law or fact and reasonably exercised her discretion in weighing the competing psychological evidence.
