Insurer ordered to pay medical benefits after its expert reports were rejected for lacking sufficient reasoning.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for various medical treatments, including physiotherapy, acupuncture, and a YMCA membership.
The insurer denied the treatment plans based on independent medical examinations.
At arbitration, the arbitrator found that the insurer and its assessors failed to consider the applicant's physically demanding summer employment, treating him merely as a sedentary student.
The arbitrator rejected the insurer's expert reports as lacking sufficient reasoning and preferred the evidence of the applicant's treating practitioners.
The arbitrator concluded that the disputed treatment plans were reasonable and necessary, ordering the insurer to pay the claimed amounts, interest, and the applicant's arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 6, 2009