Dr. Roshan Ahmad

Following an arbitration award for chiropractic and rehabilitation expenses, the applicants sought assessment of their arbitration expenses totaling $50,791.66.

The insurer disputed the amount, arguing the legal fees and expert disbursements were excessive.

The arbitrator assessed the expenses at $42,493.76, applying a 4:1 ratio for preparation to hearing time but reducing the fees due to the applicants' minimal success and the self-serving involvement of the rehabilitation clinic.

The arbitrator also determined that interest on the awarded benefits was payable to the husband from the date of the arbitration award (due to his failure to attend a DAC assessment) and to the wife from 14 days after the DAC assessment report.

The applicant was injured in a motor vehicle accident and sought payment for chiropractic and rehabilitation expenses incurred after the insurer terminated benefits based on a Designated Assessment Centre report.

The arbitrator found that the applicant was motivated to exercise on her own and did not require the supervised rehabilitation program, which was billed at an excessive hourly rate.

Furthermore, the arbitrator found no persuasive evidence that the continued chiropractic treatment was reasonable or necessary, noting that the treating chiropractor had not discussed the need for further treatment with the applicant.

The application for arbitration was dismissed.