Insurer ordered to pay for assessments and a special award for unreasonably withholding benefits despite pre-existing conditions.
The applicant was injured in a motor vehicle accident and sought accident benefits, including an attendant care assessment and a psychological assessment.
The insurer initially denied the assessments on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and there was insufficient medical documentation.
The arbitrator found that the applicant had compelling pre-existing conditions, including a prior brain injury and psychiatric diagnoses, which took him outside the MIG.
The arbitrator held that the requested assessments were reasonable and necessary to determine the applicant's entitlement to benefits.
Furthermore, the arbitrator ordered the insurer to pay a special award of $1,083.42, finding that the insurer had unreasonably delayed and withheld payments despite having sufficient information about the pre-existing conditions early on.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 6, 2016