Botox treatment for chronic pain and cervicogenic headache is not experimental and is payable under SABS.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for Botox treatment for chronic pain and cervicogenic headache.
The insurer denied the treatment plan on the basis that the use of Botox for these conditions was experimental in nature.
At the arbitration hearing, the arbitrator weighed competing expert medical evidence regarding the efficacy and acceptance of Botox for chronic pain.
The arbitrator preferred the evidence of the applicant's expert, finding that the treatment is becoming an accepted therapy and is no longer experimental.
The arbitrator ordered the insurer to pay for the treatment and awarded expenses to the applicant.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 24, 2006