Active rehabilitation treatment costs awarded at a reduced rate; special award granted for unreasonably withheld payments.
The applicant was injured in a rear-end motor vehicle accident and sought payment for 99 active rehabilitation treatment sessions and four treatment plans.
The insurer denied the treatment plans, arguing the duration and cost were excessive.
The arbitrator found that the applicant required supervised active rehabilitation to return to his pre-accident heavy labour job and that the duration of the program was reasonable.
However, the arbitrator reduced the hourly rate from the claimed $150 to $60 per session, noting the treatment was provided in a group setting rather than one-on-one.
The arbitrator also awarded interest on overdue payments and a $1,000 special award, finding the insurer unreasonably withheld payments by unilaterally reducing the rate for approved treatment without a valid basis.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 7, 2002
