Applicant awarded physiotherapy and occupational therapy benefits, but denied chronic pain assessment and special award.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's denial of several treatment plans.
The Licence Appeal Tribunal found the applicant was not entitled to a chronic pain assessment, as it would duplicate extensive assessments already completed by an orthopaedic surgeon and a neurologist.
However, the Tribunal granted the claims for physiotherapy and occupational therapy for driving anxiety, relying on medical evidence that the applicant had not reached maximal medical improvement.
The claim for assistive devices was largely denied due to a lack of supporting evidence, though a documentation fee was approved.
The Tribunal awarded interest on the overdue benefits but declined to order a special award, finding the insurer's denials were not unreasonable.
OLATOntario Licence Appeal TribunalSep 26, 2023