Treatment plans for physiotherapy and assessments approved; accident aggravated pre-existing conditions.
The applicant sought statutory accident benefits for physiotherapy, an in-home functional assessment, and a psychological assessment following a motor vehicle accident.
The insurer denied the treatment plans, arguing the applicant's impairments were a natural progression of pre-existing conditions.
The Tribunal found that the accident aggravated the applicant's pre-existing physical and psychological impairments, making the proposed treatment plans reasonable and necessary.
The Tribunal ordered the insurer to pay for the treatment plans with interest, but declined to order a special award under section 10 of Regulation 664, finding the insurer's initial denial was not unreasonable based on the medical evidence it had at the time.
OLATOntario Licence Appeal TribunalJul 14, 2023