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Occupational therapy and assistive devices approved; physical therapy denied due to lack of past benefit.
The applicant sought statutory accident benefits following a motor vehicle accident while a passenger on a bus.
The Licence Appeal Tribunal found that four treatment plans for assistive devices and occupational therapy were reasonable and necessary, given the applicant's physical and cognitive decline post-accident.
However, the Tribunal denied two treatment plans for physiotherapy and kinesiology, finding that the applicant had not benefited from past physical therapy and was unlikely to engage in it due to other health issues and personal behaviours.
The Tribunal also denied the applicant's request for an award, finding no unreasonable conduct by the insurer.
Claim for ongoing chiropractic benefits dismissed for lack of medical evidence; arbitration expenses awarded to applicant.
The applicant was injured in a rear-end motor vehicle accident and received statutory accident benefits from the insurer.
The insurer terminated his medical rehabilitation benefits based on a Designated Assessment Centre report and the discharge report of his own chiropractor.
The applicant sought payment for ongoing chiropractic treatments, a special award, and arbitration expenses.
The arbitrator dismissed the claim for medical expenses, finding the applicant failed to provide objective medical evidence that the ongoing treatment was reasonable and necessary.
The claim for a special award was also dismissed as the insurer's denial was not unreasonable.
However, the arbitrator awarded the applicant his arbitration expenses, concluding that his claim was legitimate, presented in a timely manner, and not frivolous.
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