Chronic pain assessment granted due to ongoing symptoms; psychological treatment denied due to treatment gap.
The applicant sought statutory accident benefits for psychological treatment and a chronic pain assessment following a motor vehicle accident.
The adjudicator denied the psychological treatment plans, finding an unexplained gap in treatment and a lack of supporting documentation.
However, the adjudicator granted the chronic pain assessment, concluding that the applicant's ongoing pain complaints and functional limitations made it reasonably possible she suffered from chronic pain syndrome.
The respondent's request for costs was denied as the applicant's conduct was not unreasonable, frivolous, vexatious, or in bad faith.
OLATOntario Licence Appeal TribunalJan 25, 2021
