Dr. S. Henderson

The applicant was injured in a motor vehicle accident and sought various medical and rehabilitation benefits, as well as the costs of several assessments, which the respondent insurer denied.

The Licence Appeal Tribunal found that the proposed chiropractic and psychological treatment plans, along with a chronic pain assessment, were reasonable and necessary given the applicant's ongoing pain and psychological symptoms.

However, the Tribunal concluded that a cognitive assessment and a driver's reintegration assessment were not reasonable and necessary, as the applicant did not exhibit cognitive impairment and the driving phobia could be addressed through the approved psychological treatment.

The applicant was awarded interest on overdue payments, and no costs were awarded to either party.

The applicant sought payment for chiropractic and psychological treatment plans following a motor vehicle accident.

The respondent insurer argued it was not liable due to the applicant's failure to provide requested medical records under s. 33 of the Schedule.

The Tribunal found the requested information was not reasonably required, as the insurer had already denied the claims on their merits.

However, on the substantive issues, the Tribunal dismissed the application, finding that neither treatment plan was reasonable and necessary given the preponderance of medical evidence, including multiple insurer examinations indicating no further need for treatment and a lengthy gap in seeking treatment.

The respondent's request for costs was also denied.