Orthopaedic mattress found reasonable and necessary for accident-related sleep disturbances; benefit and interest awarded.
The applicant sought statutory accident benefits for a $1,000 orthopaedic mattress following a motor vehicle accident.
The respondent denied the benefit, relying on an insurer's examination report which concluded the mattress was unlikely to assist in managing pain.
The Tribunal found the mattress to be reasonable and necessary, noting that multiple treating practitioners and assessors documented the applicant's ongoing sleep disturbances and fatigue.
The Tribunal afforded less weight to the respondent's expert, whose opinion was inconsistent with other medical evidence.
The applicant was awarded the cost of the mattress plus interest.
OLATOntario Licence Appeal TribunalSep 27, 2021