Dr. Edward Crowther

The applicant was injured in three motor vehicle accidents and sought statutory accident benefits for chiropractic and massage treatments.

The insurer denied the claims based on Designated Assessment Centre (DAC) reports which concluded the treatments were palliative and did not promote recovery.

The arbitrator held that pain relief is a legitimate medical goal and that treatments do not need to promote recovery to be considered reasonable and necessary.

The arbitrator ordered the insurer to pay for past and ongoing chiropractic and massage treatments, as well as interest on overdue benefits.

The applicant was involved in two motor vehicle accidents and sought ongoing income replacement and supplementary medical benefits (chiropractic treatments) from the insurer.

The insurer terminated benefits, arguing the applicant was no longer disabled or that any disability was due to pre-existing conditions or the second accident.

The arbitrator found that the applicant's pre-existing back and shoulder injuries from prior workplace falls were the true cause of his inability to work as a carpenter, and the accidents did not significantly exacerbate his condition.

The claim for ongoing chiropractic expenses was also dismissed as the applicant failed to prove the treatments were reasonable or effective in light of a negative DAC assessment.