Physiotherapy treatment plans approved for chronic pain management; late surveillance evidence admitted but given no weight.
The applicant sought medical benefits for three physiotherapy treatment plans following a motor vehicle accident.
The respondent denied the plans, arguing the applicant could perform self-directed exercises.
The Tribunal found that the applicant suffered from chronic pain as a result of the accident, relying on the consensus of treating doctors and independent assessors.
The Tribunal concluded that the first and third treatment plans were reasonable and necessary to reduce pain and increase functionality, but denied the second plan as a duplication.
The Tribunal also admitted late-served surveillance evidence but gave it no weight, as it did not contradict the applicant's reported deterioration without treatment.
OLATOntario Licence Appeal TribunalJan 14, 2022