Reconsideration granted in part; insurer's deficient denial notice for assistive devices breached s. 38(8) of SABS.
The applicant requested reconsideration of a Licence Appeal Tribunal decision that denied several treatment plans following a motor vehicle accident.
The Vice-Chair granted the reconsideration in part, finding a material breach of procedural fairness regarding the assistive devices treatment plan because the original decision failed to adequately address the applicant's argument that the insurer's denial notice violated s. 38(8) of the Schedule.
The Vice-Chair varied the decision to find the denial non-compliant, entitling the applicant to payment of the assistive devices plan.
The requests for reconsideration regarding the neuro-ocular therapy and chronic pain assessment treatment plans were dismissed.
OLATOntario Licence Appeal TribunalDec 11, 2025
