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Arbitrator awards limited medical and housekeeping accident benefits, rejecting claims for extended treatment and assessment costs.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits for medical treatment, housekeeping, and an assessment.
The insurer denied the claims.
The arbitrator found that the applicant was entitled to medical benefits for two treatment plans, accepting evidence of ongoing objective signs of injury, but denied further treatment plans due to insufficient evidence of need.
The arbitrator also awarded a nominal housekeeping benefit of $5 per week for a two-month period, finding the applicant's claim of total inability to perform housekeeping for 15 months implausible.
The claim for the cost of a follow-up assessment was denied as no treatment plan was submitted for it.
The insurer was ordered to pay 50% of the applicant's arbitration expenses.
Application for medical benefits dismissed as the proposed chiropractic treatment was not reasonable and necessary.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for chiropractic, massage, and active rehabilitation treatment.
The insurer denied the medical benefits, relying on a Designated Assessment Centre report that found only a portion of the treatment was reasonable and necessary, and that a transition to self-directed care was appropriate.
The arbitrator preferred the DAC assessor's opinion over the applicant's treating chiropractors, finding the applicant's experts failed to provide a rationale for the ongoing treatment.
The arbitrator also found that the applicant's right knee pain was unrelated to the accident.
The application for medical benefits was dismissed, and the applicant was found liable to pay the insurer's arbitration expenses.
No co-appearing lawyers found.
No judges found.