Interim benefits for psychological treatment granted where applicant demonstrated prima facie entitlement, need, and urgency.
The applicant, who was injured in a motor vehicle accident, sought interim benefits for psychological treatment pending the arbitration hearing.
The insurer opposed the request, relying on an assessment that suggested symptom exaggeration.
The arbitrator applied the test for interim benefits, requiring a prima facie case of entitlement along with need or urgency.
Relying on the evidence of the applicant's treating psychologists, which documented severe depression, suicidal and homicidal ideation, and a risk of harm to himself and others, the arbitrator found that the applicant met the test.
The insurer was ordered to pay $5,953.46 for sixteen sessions of psychological treatment.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 30, 2009