Peter I. Aldgate

The applicant was injured in a motor vehicle accident and sought payment for ongoing chiropractic, massage therapy, and physiotherapy treatment under section 14 of the Statutory Accident Benefits Schedule.

The insurer denied the claim, relying on an orthopaedic surgeon's opinion that prolonged passive therapy is of no value once a full range of motion is achieved.

The arbitrator rejected the insurer's expert opinion, preferring the evidence of the applicant's treating professionals who testified that the treatment was necessary for pain management and allowed the applicant to continue working and exercising.

The arbitrator found the treatment to be reasonable and necessary and ordered the insurer to pay the outstanding balances with interest.

The applicant brought a motion to allow three expert witnesses to testify by video conference from Sioux Lookout instead of attending the hearing in Thunder Bay in person.

The insurer's counsel had initially consented to the request but later withdrew consent, claiming lack of authority from his client.

The arbitrator granted the motion, finding that the initial consent should be enforced as there was no jurisdiction issue or prejudice to the insurer.

The arbitrator also noted that even without consent, the motion would be granted because video conference testimony would produce the quickest, most just, and least expensive resolution of the dispute, given the small amount in dispute and the high cost of personal attendance.