Arbitrator awards partial medical benefits and assessment costs, but penalizes applicant for representative's poor conduct.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for ongoing chiropractic, physiotherapy, and massage treatments, as well as the costs of various assessments.
The insurer disputed the ongoing treatments and assessments.
The arbitrator found that the initial treatments were reasonable and necessary, but denied ongoing treatments due to a lack of medical evidence supporting their therapeutic benefit.
The arbitrator allowed the costs of some assessments but reduced the amounts claimed.
The arbitrator denied the applicant's request for a special award, finding the insurer's actions reasonable given the applicant's lack of cooperation.
Due to the poor conduct of the applicant's representative, the applicant was ordered to pay the insurer's expenses for a half-day of an expert witness's attendance.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 21, 2000
