2 total
Appeal of arbitrator's refusal to award expenses dismissed; no error in exercise of discretion.
The appellant appealed an arbitrator's refusal to award her arbitration expenses following a two-day hearing regarding her claim for a 'Kenko Sleep System'.
The arbitrator had dismissed the claim, finding it had little merit and was not supported by credible medical evidence.
The Director's Delegate dismissed the appeal, finding no error in the arbitrator's exercise of discretion to deny expenses.
Claim for a magnetic sleep system denied as applicant failed to prove it was reasonable treatment.
The applicant was injured in a motor vehicle accident and claimed statutory accident benefits for a Kenko Sleep System (a magnetic mattress and pillow) costing $1,607.70.
The insurer denied the claim, arguing the device was experimental and not a medical device.
The arbitrator found that while the system qualified as a medical device under the Schedule, the applicant failed to prove it was a reasonable and necessary treatment for her accident-related impairment.
The medical evidence did not support the therapeutic value of the device for her soft tissue injuries.
The application for arbitration was dismissed, and no expenses were awarded.
