Kellie Siegner

Following a decision on the merits where the applicant was partially successful in claiming weight training and psychological assessment expenses, the parties could not agree on the costs of the arbitration.

The arbitrator applied the criteria in section 12(2) of the Expense Regulation and found that because success was divided and no party engaged in conduct that prolonged the proceeding, each party should bear its own expenses.

The insurer's request to recover its $3,000 assessment cost was also denied as it is not a recoverable expense under the regulation.

The applicant, who was injured as a pedestrian in a motor vehicle accident, sought statutory accident benefits for continued chiropractic, massage, and weight training, as well as the cost of a psychological assessment.

The insurer had terminated benefits based on a DAC assessment.

The arbitrator found that continued chiropractic and massage therapy were no longer reasonable and necessary, as they were not good long-term solutions and the applicant needed to focus on physical conditioning.

However, supervised weight training was deemed reasonable and necessary.

The arbitrator also ordered the insurer to pay $857 for a psychological assessment, finding it necessary given the applicant's cognitive and behavioural issues.

Claims for interest were granted, but the claim for a special award was dismissed.