Surina Sud

The appellant appealed a decision to the Director of Arbitrations.

On consent of the parties, the Director's Delegate ordered the appellant to pay the respondent its legal expenses for the appeal proceedings in the amount of $1,531.34, inclusive of disbursements and HST.

The applicant, a cyclist who was struck by a car door, sought statutory accident benefits for psychological services to address her fear of cycling.

The insurer denied the treatment plan, arguing it was not reasonable and necessary and had not been incurred.

The Licence Appeal Tribunal found the applicant's self-reporting compelling and preferred the evidence of her psychologist over the insurer's expert.

The Tribunal held that the treatment plan was reasonable, necessary, and incurred, ordering the insurer to pay the benefit of $1,196.88 plus interest.