Physiotherapy treatment plan payable due to insurer's non-compliant denial notice under s. 38(8) of the Schedule.
The applicant sought statutory accident benefits for chiropractic and physiotherapy treatment plans following a motor vehicle accident.
The Tribunal found that neither treatment plan was substantively reasonable and necessary, as contemporaneous medical records did not corroborate the applicant's reports of accident-related physical injuries.
However, the Tribunal concluded that the insurer's denial notice for the physiotherapy treatment plan failed to comply with the specificity requirements of s. 38(8) of the Schedule.
Consequently, the physiotherapy treatment plan was deemed payable under s. 38(11).
The claim for an award under s. 10 of Regulation 664 was dismissed.
OLATOntario Licence Appeal TribunalApr 16, 2026