Accident benefits awarded for prescription medication and chiropractic care; out-of-pocket expenses denied for lacking prior treatment plans.
The applicant sought payment for various medical and rehabilitation benefits following a motor vehicle accident.
The Licence Appeal Tribunal denied several out-of-pocket expenses because the applicant failed to submit a Treatment and Assessment Plan prior to incurring them, as required by section 38(2) of the Statutory Accident Benefits Schedule.
However, the Tribunal awarded $14,266.59 for prescription medications, finding they fell under the exception in section 38(2)(c)(i) and were reasonable and necessary to treat accident-related physical and psychological impairments.
The Tribunal also approved a chiropractic treatment plan aimed at pain reduction, while denying a physiotherapy plan that had previously shown no improvement.
Interest was awarded on the payable benefits.
OLATOntario Licence Appeal TribunalMar 28, 2017
