Applicant entitled to physiotherapy and psychological assessment; claims for attendant care and TMJ assessments dismissed.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the respondent insurer.
Following a reconsideration decision that removed the applicant from the Minor Injury Guideline, a rehearing was held to determine entitlement to disputed treatment plans and assessments.
The Tribunal found the applicant was entitled to three physiotherapy treatment plans and a psychological assessment, as the medical evidence, including reports from an orthopaedic surgeon and the respondent's own psychological assessor, established they were reasonable and necessary.
Claims for an attendant care assessment and a TMJ assessment were dismissed due to insufficient medical evidence linking the conditions to the accident or demonstrating necessity.
The applicant's request for a special award was denied as the respondent had not unreasonably withheld or delayed payments.
OLATOntario Licence Appeal TribunalJul 14, 2020
