Applicant barred from claiming cannabis expenses for failing to attend a reasonable section 44 assessment.
The applicant sought medical and rehabilitation benefits following a motor vehicle accident, including a cannabis prescription, physiotherapy, occupational therapy, and assistive devices.
The insurer denied the cannabis prescription pending a section 44 assessment, which the applicant refused to attend, arguing it was unreasonable and not permitted for prescription drugs.
The Tribunal held that the applicant was barred from proceeding with the cannabis claim because the insurer's request for a section 44 assessment was reasonable and properly noticed.
The Tribunal further dismissed the claims for physiotherapy, occupational therapy, and a rollator walker, finding that the applicant failed to prove the treatment plans were reasonable and necessary, preferring the evidence of the insurer's assessors who found the applicant's soft tissue injuries were uncomplicated.
OLATOntario Licence Appeal TribunalDec 21, 2021
