Physiotherapy treatment plan approved; GoFundMe funds do not constitute an alternative insurance plan under the Schedule.
The applicant was injured in a motor vehicle accident and sought payment for a physiotherapy treatment plan, which the respondent insurer denied.
The adjudicator found the treatment plan reasonable and necessary, preferring the evidence of the applicant's treating physician over the respondent's orthopaedic assessor, who admitted lacking expertise in chronic widespread pain.
The adjudicator also rejected the respondent's argument that funds raised through a GoFundMe account constituted an 'insurance plan or other plan' under s. 47(2) of the Schedule.
The applicant was awarded the treatment plan and interest, but her claim for a bad faith award was dismissed.
The respondent's request for costs was also denied.
OLATOntario Licence Appeal TribunalJan 17, 2024