Physiotherapy treatment plan approved as reasonable and necessary; claim for unreasonable delay award dismissed.
The applicant was injured in a motor vehicle accident and sought a medical benefit of $3,539.72 for a physiotherapy treatment plan, which the respondent insurer denied.
The Licence Appeal Tribunal found the treatment plan to be reasonable and necessary, relying on the applicant's consistent reports of pain and the recommendations of both the applicant's assessor and one of the respondent's own assessors that further therapy was warranted.
The Tribunal ordered the respondent to pay the benefit with interest, but denied the applicant's claim for an award under Ontario Regulation 664, finding no evidence that the respondent unreasonably withheld or delayed payments.
OLATOntario Licence Appeal TribunalNov 5, 2019