Ongoing passive therapy for chronic pain found reasonable and necessary to maintain function and employment.
The applicant was injured in a motor vehicle accident and sought payment for ongoing chiropractic, massage therapy, and physiotherapy treatment under section 14 of the Statutory Accident Benefits Schedule.
The insurer denied the claim, relying on an orthopaedic surgeon's opinion that prolonged passive therapy is of no value once a full range of motion is achieved.
The arbitrator rejected the insurer's expert opinion, preferring the evidence of the applicant's treating professionals who testified that the treatment was necessary for pain management and allowed the applicant to continue working and exercising.
The arbitrator found the treatment to be reasonable and necessary and ordered the insurer to pay the outstanding balances with interest.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 17, 2008
