Physiotherapy and physiatry assessment granted based on treating records; neurological assessment denied due to normal prior exam.
The applicant sought statutory accident benefits following a motor vehicle accident, specifically claiming entitlement to physiotherapy services, a physiatry assessment, and a neurological assessment.
The respondent denied the benefits, relying on s. 44 assessments that concluded the applicant's injuries fell within the Minor Injury Guideline.
The Tribunal found the physiotherapy and physiatry assessment reasonable and necessary based on consistent clinical records from the applicant's treating practitioners.
However, the Tribunal denied the neurological assessment, noting a prior normal neurological consultation and a lack of compelling evidence of neurological impairment.
The applicant was awarded interest on overdue benefits but denied a special award under s. 10 of Reg. 664.
OLATOntario Licence Appeal TribunalDec 11, 2024