Applicant v. Aviva Insurance Canada (17-006480)

The claimant sought entitlement to an OCF-18 proposing psychological treatment. Adjudicator Boyce found the proposed psychological treatment to be reasonable and necessary because he found the the claimant’s self-reporting of cycling-specific fear to be consistent and compelling, and he preferred the s. 25 psychology report to the s. 44 psychology report. Adjudicator Boyce rejected the interpretation of incurred expenses in F.S v. Aviva Insurance Canada, holding that there is no indication in s. 3(7)(e)(i) or (ii) of the SABS that costs must be incurred at the time of the LAT application for a treatment plan to be found payable.