Dilpreet S. Grewal

The applicant, an uninsured pedestrian struck by a vehicle, applied to the Motor Vehicle Accident Claims Fund for statutory accident benefits.

The respondent denied a $2,926.83 treatment plan for physiotherapy.

The Licence Appeal Tribunal found that the applicant's right knee fracture had not fully healed and that the proposed treatment was reasonable and necessary to reduce pain and improve functional ability.

The Tribunal ordered the respondent to pay for the disputed treatment plan along with interest on overdue payments.

The applicant, a pedestrian struck by an uninsured vehicle, applied to the Motor Vehicle Accident Claims Fund for statutory accident benefits.

The respondent denied a treatment plan for physiotherapy in the amount of $2,926.83.

At a written hearing, the adjudicator found that the applicant's right knee fracture had not fully healed and that the proposed physiotherapy was reasonable and necessary to reduce pain and improve functional ability.

The adjudicator preferred the evidence of the applicant's treating family doctor over the respondent's insurer examination assessor.

The applicant was awarded the disputed treatment plan and interest on overdue payments.