2 total
Claim for chronic pain assessment denied as video surveillance contradicted claimed impairments and pre-existing condition established.
The applicant sought entitlement to a $2,486 chronic pain assessment following a motor vehicle accident.
The insurer denied the treatment plan, arguing the applicant's chronic pain was a pre-existing condition and that he only suffered a minor strain in the accident.
The Tribunal agreed with the insurer, finding that video surveillance contradicted the applicant's claims of impairment and the conclusions of his assessing physician.
The Tribunal concluded the accident did not cause the chronic pain and the treatment plan was not reasonable and necessary.
Appeal allowed; plaintiffs ordered to fulfill outstanding discovery undertakings regarding future healthcare costs within 14 days.
The defendants appealed an order of the motion judge regarding the plaintiffs' failure to comply with discovery undertakings.
The Divisional Court found that the motion judge's order was vague and lacked reasons, and noted that the Rules of Civil Procedure do not allow a party to delay providing particulars until 90 days before trial.
As the plaintiffs had satisfied most undertakings after the appeal was perfected, the Court set aside the motion judge's order and directed the plaintiffs to particularize their future healthcare costs within 14 days, failing which the action could be struck from the trial list.
