Application for a physiatry assessment and an award dismissed as the applicant failed to prove necessity.
The applicant sought statutory accident benefits following a 2014 motor vehicle accident, specifically claiming $2,486.00 for a physiatry assessment and an award for unreasonably withheld payments.
The adjudicator found that the applicant failed to prove the assessment was reasonable and necessary, preferring the insurer's medical examination report which found normal neurological findings and functional range of motion.
The applicant's expert evidence on chronic pain was rejected due to reliance on subjective reporting without objective validity testing.
The claim for an award under s. 10 of O. Reg. 664 was also dismissed, as the insurer reasonably relied on its assessors' reports in denying the benefit.
OLATOntario Licence Appeal TribunalMar 30, 2023
