Dr. Charles Godfrey

The applicant sought various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule following a motor vehicle accident.

The respondent insurer denied several treatment plans, arguing they were not reasonable and necessary, largely due to the applicant's pre-existing conditions.

The Tribunal found that the applicant was not entitled to benefits for a new mattress or an in-home occupational therapy assessment, preferring the respondent's medical evidence on those issues.

However, the Tribunal granted the treatment plans for aqua-therapy, chiropractic services, and psychological assessments, finding them reasonable and necessary to address the applicant's accident-related pain and impairments.

The Tribunal also awarded a 50% special award on a nominal $87.19 chiropractic form completion fee, finding the respondent's denial of this standard fee to be unreasonable.

The applicant sought statutory accident benefits following two motor vehicle accidents in 2007.

The arbitrator found the applicant's evidence to be unreliable due to poor recall and contradictions with documentary evidence, including Ontario Works records showing he had returned to work.

Relying on the medical evidence, particularly the applicant's orthopaedic surgeon, the arbitrator concluded the applicant suffered a complete inability to engage in suitable employment for a limited period.

The applicant was awarded income replacement benefits from July 7, 2009, to August 1, 2010, but his claims for various assessment costs and a special award were dismissed.