Treatment plan approved; accident found to be a necessary cause of ongoing impairments despite pre-existing conditions.
The applicant was injured in a motor vehicle accident and sought approval for a treatment plan for massage therapy, physiotherapy, and chiropractic services.
The insurer denied the plan, arguing the applicant's injuries were pre-existing and that he had reached maximum medical recovery.
The Tribunal applied the 'but for' test and found the accident was a necessary cause of the applicant's ongoing impairments.
Preferring the evidence of the applicant's treating chiropractor over the insurer's medical examiner, the Tribunal concluded the treatment plan was reasonable and necessary.
The applicant was awarded the treatment plan amount plus interest.
OLATOntario Licence Appeal TribunalOct 27, 2025
