Dr. Kleiner

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied two treatment plans for a chronic pain assessment and physiotherapy services, arguing the applicant's physical injuries were minor and she had pre-existing conditions.

The Tribunal found the applicant failed to meet her burden of proving the plans were reasonable and necessary, noting the expert opinions of two s. 44 assessors who concluded the physical injuries were minor sprains/strains.

The application was dismissed, and no interest was awarded.

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.