Psychological benefits granted for accident-exacerbated anxiety; physical therapy denied based on physiatry assessment.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied treatment plans for chiropractic/massage therapy, a psychological assessment, and psychological treatment.
The Tribunal found the chiropractic and massage therapy plan was not reasonable and necessary, preferring the respondent's physiatry assessment which recommended a home exercise program.
However, the Tribunal found the psychological assessment and treatment plans were reasonable and necessary, concluding that the accident exacerbated the applicant's pre-existing anxiety and depression.
The Tribunal rejected the respondent's psychiatric assessment because it failed to address the applicant's in-vehicle anxiety and lacked objective testing.
The applicant's claim for a special award under Ontario Regulation 664 was dismissed as the respondent had relied on its own medical assessments.
OLATOntario Licence Appeal TribunalNov 17, 2020
