Dr. Howse

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for occupational therapy, an optometry assessment, and a gym membership.

The respondent insurer denied the benefits.

The Tribunal found that the applicant had proven on a balance of probabilities that the claimed treatment plans and assessments were reasonable and necessary to treat her concussion and psychological symptoms.

The Tribunal placed less weight on the insurer's examination reports.

The applicant was awarded the claimed benefits and interest, but her claim for an award was dismissed.

The respondent's request for costs was also dismissed.

The applicant, who was catastrophically impaired following a motor vehicle accident, sought payment for a $7,121.93 physiotherapy and massage treatment plan.

The insurer denied the plan, arguing the applicant had developed an inappropriate dependency on the treatment and that it would not promote recovery.

The Tribunal applied the Violi factors and found the treatment plan reasonable and necessary.

The adjudicator held that pain relief is a legitimate treatment goal and preferred the evidence of the applicant's treating practitioners over the insurer's assessors, noting the applicant's complex physical and psychological impairments.

The insurer was ordered to pay for the treatment plan with interest.