The claimant sought entitlement to two treatment plans. The insurer denied the plans and asserted neither was reasonable and necessary. The claimant also asserted that the IEs commissioned should have been paper reviews, and therefore not applicable to the insurer’s determination. Adjudicator Christopher Ferguson, on review of the medical evidence, determined that neither treatment plan was reasonable and necessary. The assertion that a paper review IE should have been commissioned, rather than in-person examination, was also rejected.
Category: Medical Benefits
The claimant sought entitlement to IRBs and costs of examinations. As a preliminary issue, the respondent argued that the claimant was barred from appealing her claims as she had not followed the procedures for claiming accident benefits under section 32 of the SABS. The claimant did not file a claim for accident benefits until July 2016, two and a half years after the subject accident. No explanation for the delay was provided. Adjudicator Ferguson concluded that the respondent was not required to pay the claimant’s claim for IRBs, as she did not comply with the prescribed procedures for claiming accident benefits. However, the amounts incurred with respect to the costs of examinations were payable pursuant to section 38(11). The claimant filed two assessment plans in June 2016 which the respondent did not deny.
The claimant sought entitlement to a number of medical benefits. On review, Adjudicator Christopher Ferguson determined that a number of treatment sought exceeded the monetary value claimed in the treatment plans, as well as in the Professional Service Guideline. Where the claims exceeded the PSGs, the treatment was not awarded. However, the remaining treatment plans, on review of the medical evidence were deemed reasonable and necessary.
The claimant sought entitlement to IRBs and a number of treatment plans. Adjudicator Jeffrey Shapiro, on review of the medical evidence, as well as surveillance and employment records, noted that the claimant’s self-reporting was unreliable and had “failed to timely, honestly and accurately disclose his multiple actual returns to work and his ability to work.” As it pertained to the treatment plans sought, Adjudicator Shapiro concluded the claimant had failed to establish removal from the MIG was warranted. All claims were dismissed.
The claimant sought entitlement to treatment in the form of physical rehabilitation and acupuncture services. Adjudicator Cezary Paluch reviewed the medical evidence and determined that the injuries asserted by the claimant were as a result of the accident. On further review, the treatment sought was also deemed reasonable and necessary; the claims were found payable with applicable interest.
The claimant sought entitlement to attendant care benefits and two treatment plans. Adjudicator Billeh Hamud reviewed the medical evidence and determined that the claimant was independent with his day to day activities and was functional to the point that attendant care benefits were not reasonable and necessary. In the alternative, Adjudicator Hamud also determined that the claimant did not satisfy that his wife, and reported service provider, suffered an economic loss. Moreover, the claimant failed to provide sufficient evidence to justify payment of the two treatment plans. All of the claimant’s claims were dismissed.
The claimant sought entitlement to three medical benefits for physiotherapy and chiropractic treatment. After reviewing the available medical evidence, Adjudicator Fricot held that the requested treatment plans were not reasonable and necessary. More specifically, the claimant’s accident-related injuries had largely resolved, and Adjudicator Fricot determined that further treatment was not warranted.
The claimant sought entitlement to an orthopedic assessment at a cost of $2,912.00. The insurer asserted the claim was governed by the MIG and that the maximum allowable fee for an assessment was $2,000.00. Adjudicator Blaine Baker determined that since the claimant had broken her arm, the MIG did not apply. On review of the fees for the treatment plan, Adjudicator Baker concluded that the proposed fees were all payable. While $2,000.00 is a cap on assessments, travel (in this case $400.00), the cost of preparing the treatment plan (in this case $200.00) and HST (in this case $312.00) were also recoverable above the assessment cap. The treatment plan was deemed reasonable and payable in full.
The claimant sought entitlement to two chiropractic treatment plans as well as an attendant care assessment. The insurer denied the claims and asserted none were reasonable and necessary. Adjudicator Marisa Victor determined that the claimant failed to provide sufficient medical evidence to establish the treatment plans were reasonable and necessary. Adjudicator Victor also favoured the medical evidence tendered by the insurer, and deemed an attendant care assessment not reasonable. The claims were dismissed.
The claimant sought entitlement to eight treatment plans for various physical and psychological treatment and assessments. Adjudicator White denied entitlement to all of the claims. She held that the claimant had sustained relatively minor injuries in the accident. She was critical of the claims for in-home treatment and the proposal for various assistive devices as not being supported by any evidence. She accepted the recommendations of the insurer’s assessors that further treatment was not reasonable and necessary.