Insurer waived signature requirement on treatment plans; chiropractic and occupational therapy benefits awarded for chronic pain.
The applicant sought statutory accident benefits for chiropractic, psychological, and occupational therapy services following a 2006 motor vehicle accident.
The insurer denied the treatment plans and raised a preliminary issue that the plans were initially unsigned.
The Tribunal held that the insurer waived the signature requirement by failing to raise it in the initial denial letters.
On the merits, the Tribunal found the chiropractic and occupational therapy plans were reasonable and necessary to address the applicant's chronic pain, though mileage expenses for the occupational therapist were excluded.
The psychological treatment plans were denied due to insufficient evidence of ongoing psychological distress and the applicant's failure to attend previously approved sessions.
OLATOntario Licence Appeal TribunalMay 16, 2017