Applicant awarded accident benefits for physiotherapy and chronic pain assessment; special award for delay denied.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy and a chronic pain assessment.
The respondent insurer denied the benefits, arguing the applicant had reached maximum medical recovery.
The Licence Appeal Tribunal found that the applicant continued to suffer from ongoing impairments and had not reached maximum medical recovery.
The Tribunal held that both the physiotherapy treatment and the chronic pain assessment were reasonable and necessary.
The applicant was awarded the disputed benefits and interest, but her claim for a special award for unreasonable delay was dismissed due to a lack of evidence.
OLATOntario Licence Appeal TribunalMay 31, 2019