5 total
Chiropractic and massage therapy treatment plans found reasonable and necessary for temporary pain relief.
The applicant was injured in a motor vehicle accident and sought payment for chiropractic and massage therapy treatment plans under the Statutory Accident Benefits Schedule.
The respondent insurer denied the plans based on insurer's examinations.
The Tribunal found the applicant credible and held that the treatment plans were reasonable and necessary as they provided temporary pain relief that allowed the applicant to maintain workplace attendance and perform daily activities.
The Tribunal placed less weight on the insurer's examinations, finding them unhelpful or taken out of context.
The applicant was awarded the cost of the treatment plans and interest on overdue payments.
Human rights application dismissed; nurse failed to prove theft of narcotics was caused by alcohol addiction.
The applicant, a Registered Practical Nurse, resigned in lieu of termination after admitting to stealing and ingesting a patient's narcotic medication.
She filed a human rights application alleging the respondent failed to accommodate her disability, specifically her addiction to alcohol.
The Tribunal found that the applicant failed to establish a prima facie case of discrimination, as there was no evidence that her misconduct was causally related to her alcohol addiction or that her judgment was impaired at the time of the theft.
The application was dismissed.
Documents prepared for College of Nurses fitness to practice proceedings are inadmissible in human rights hearings.
The applicant alleged discrimination based on disability after being terminated for stealing narcotic medication, which she attributed to her addictions.
During the hearing, the adjudicator raised the issue of whether documents prepared for the College of Nurses of Ontario's fitness to practice investigation were admissible under section 36(3) of the Regulated Health Professions Act.
The Tribunal ruled that documents prepared for the College's Inquiries, Complaints and Reports Committee and Fitness to Practise Committee proceedings were subject to an absolute statutory bar and therefore inadmissible.
The parties were directed to provide further submissions on the impact of this evidentiary ruling.
Insurer cannot rely on lack of Treatment Plan to deny rehabilitation benefits when it failed to assist the insured.
The applicant was injured in a motor vehicle accident and sought funding for a four-year university teaching degree as a vocational rehabilitation measure under section 15 of the Statutory Accident Benefits Schedule.
The insurer denied the claim on the basis that the applicant failed to submit a Treatment Plan (OCF-18) prior to incurring the expenses, as required by section 38.
The arbitrator held that the insurer could not rely on the applicant's failure to submit a Treatment Plan because the insurer breached its duty under section 32(2)(c) to assist the applicant in applying for benefits and failed to adjust the claim in good faith.
The arbitrator awarded the applicant the costs of two years of university tuition and books, plus interest and a 35% special award due to the insurer's unreasonable withholding of benefits.
Union granted leave to intervene in member's human rights application against employer.
The applicant filed a human rights application alleging discrimination in employment on the basis of disability.
The applicant's union, CUPE, filed a Request to Intervene after the application against it was dismissed.
The respondent filed a response expressing concern that the union intended to represent the applicant, which the union clarified was not its intent.
The Tribunal granted the union's request to intervene, noting that a union typically has an interest in an application brought by a member of its bargaining unit.
