Chiropractic treatment plans approved as reasonable and necessary; assessment costs and special award denied.
The applicant sought entitlement to statutory accident benefits following a motor vehicle accident, including three treatment plans for chiropractic services, the cost of an attendant care assessment, and the cost of an orthopaedic assessment.
The Tribunal found the chiropractic treatment plans to be reasonable and necessary, preferring the evidence of the applicant's orthopaedic surgeon over the respondent's assessors.
However, the claims for the attendant care and orthopaedic assessments were dismissed due to insufficient evidence and flawed factual foundations, particularly given surveillance showing the applicant's physical capabilities.
The claim for a special award was also dismissed, but interest was awarded on the payable benefits.
OLATOntario Licence Appeal TribunalApr 7, 2020
