Reconsideration granted and physiotherapy treatment plan approved due to Tribunal's previous reliance on incorrect submissions.
The applicant requested a reconsideration of a previous decision that denied a treatment plan for physiotherapy services.
The Tribunal found that it had committed a clear error of fact and law by relying on incorrect submissions that addressed a psychological treatment plan not in dispute.
Upon reviewing the correct submissions, the Tribunal found that the applicant had demonstrated on a balance of probabilities that the $2,486.45 physiotherapy treatment plan was reasonable and necessary to address her chronic pain and functional limitations.
The Tribunal preferred the evidence of the applicant's experts over the respondent's section 44 assessor, noting the latter failed to contemplate a chronic pain diagnosis.
The request for reconsideration was granted and the treatment plan was approved.
OLATOntario Licence Appeal TribunalAug 20, 2021
