Application for accident benefits dismissed; ongoing chiropractic treatment found not reasonable or necessary.
The applicant was injured in a low-speed motor vehicle accident and sought statutory accident benefits for chiropractic and massage treatment.
The insurer refused to pay for one year of treatment, arguing it was not reasonable or necessary.
The arbitrator dismissed the application, finding the applicant's evidence of accident-related pain unreliable due to his pre-accident medical history and pre-occupation with his health.
The arbitrator rejected the opinions of the applicant's chiropractors, citing methodological flaws, deficient record-keeping, and a failure to consider the applicant's full medical history.
The arbitrator accepted expert evidence that the applicant would benefit more from cognitive therapy and an exercise program rather than ongoing passive physical therapy.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 16, 2006
