Treatment plans for physiotherapy and driving reintegration assessment approved as reasonable and necessary.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy services and a driving reintegration assessment.
The respondent insurer denied the treatment plans, relying on independent medical examinations and arguing the expenses were not incurred within 260 weeks of the accident.
The Licence Appeal Tribunal found the treatment plans to be reasonable and necessary, preferring the evidence of the applicant's assessors over the insurer's examiners.
The Tribunal also rejected the insurer's argument regarding the 260-week limitation, noting that requiring an insured to pre-pay for treatment would disadvantage the impecunious.
The applicant was awarded the costs of both treatment plans plus interest.
OLATOntario Licence Appeal TribunalOct 16, 2023