Tribunal approves passive chiropractic treatment plans due to their positive impact on the applicant's psychological injuries.
The applicant sought payment for statutory accident benefits following a motor vehicle accident, specifically four treatment plans for chiropractic services and a functional abilities assessment, which the insurer denied.
The Licence Appeal Tribunal found that two of the treatment plans for passive, facility-based chiropractic services were reasonable and necessary because they relieved the applicant's physical pain, which in turn prevented his psychological injuries from worsening.
However, the Tribunal denied a third treatment plan involving active home-based exercise as it would aggravate his pain, and denied a second functional abilities assessment as duplicative.
The applicant was awarded interest on the approved plans but denied an award for unreasonable delay, as the insurer did not have the critical evidence linking the physical treatment to the psychological injuries until the hearing.
OLATOntario Licence Appeal TribunalNov 13, 2018
