Physical therapy treatment plan partially approved; special award granted against insurer for arbitrary two-year delay.
The applicant sought statutory accident benefits following a motor vehicle accident, specifically disputing the denial of a treatment plan for physical therapy and claiming a special award for unreasonable delay.
The adjudicator found the physical therapy treatment plan partially reasonable and necessary, excluding chiropractic treatment not supported by the treating physicians.
The adjudicator rejected the respondent's orthopaedic insurer examination, finding it inconsistent with the medical evidence.
While no special award was granted for the physical therapy denial, the adjudicator awarded a penalty against the insurer for its arbitrary denial and two-year delay in approving a psychological assessment.
OLATOntario Licence Appeal TribunalOct 18, 2021