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Applicant v. RBC General Insurance Company (17-006369)

  • July 23, 2018

The claimant sought entitlement to four treatment plans for physical therapy. As a preliminary issue, the claimant sought to exclude the IE reports because the IE assessor did not file the LAT Acknowledgement of Expert Duties and because no section 44 notice was sent to the claimant regarding an addendum report. Adjudicator Helt permitted the initial IE to be submitted despite the Acknowledgement not being submitted; she excluded the addendum report because the section 44 notice had not been delivered to the claimant. In terms of the treatment plans, the adjudicator awarded one of the four treatment plans. She declined to award the last three treatment plans because the claimant did not report any improvement from passive therapy and the minimal improvement in range of motion could not be attributed to the treatment. Further, the claimant had returned to work within one day of the accident and remained independent with personal care.

Full decision here

TGP Analysis

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  • FILED UNDER Medical Benefits, LAT Rules
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