Accident benefits denied due to inconsistent accident reports, but psychotherapy treatment approved at a higher rate.
The applicant sought statutory accident benefits following a single-vehicle motorcycle accident.
The insurer denied the benefits, arguing the applicant sustained no injuries and provided inconsistent accounts of the accident.
The Tribunal found the applicant's contemporaneous reports to first responders, which indicated a low-speed departure into a field without physical injury, to be the most reliable.
Consequently, claims for attendant care, physiotherapy, and an attendant care assessment were dismissed.
However, the Tribunal approved psychological treatment by a psychotherapist at a rate of $146.91 per hour, finding the insurer could not unilaterally impose a lower rate for an unregulated provider under the Guidelines.
I.B. v. Aviva Insurance Company of Canada, 2020 CanLII 40329
