Applicant awarded medical and rehabilitation benefits for chronic pain materially contributed to by the accident.
The applicant was injured in a motor vehicle accident and sought medical and rehabilitation benefits under the Statutory Accident Benefits Schedule for chronic pain.
The respondent insurer denied the claims, arguing the applicant's symptoms were due to pre-existing arthritis and that she had reached maximum recovery.
The adjudicator applied the material contribution test and found that the accident materially contributed to the applicant's pre-existing condition, resulting in chronic pain.
The adjudicator granted the claims for chiropractic and physiotherapy services, a pain management program, Lidocaine infusions, an exercise program, and an occupational therapy assessment, finding them reasonable and necessary for pain relief and management.
The claim for an EEG assessment was denied as there was no evidence of a traumatic brain injury.
The applicant was also awarded interest on overdue payments.
OLATOntario Licence Appeal TribunalFeb 21, 2017
