The claimant applied to the LAT seeking entitlement to medical benefits proposed in two treatment plans. The insurer sought an award of costs in the amount of $1,000.00 on the grounds that the claimant acted vexatiously and in bad faith in the proceeding. The insurer argued that the claimant had misled the LAT by misrepresenting the procedural history for a psychological assessment. Vice Chair McGee found that the claimant failed to demonstrate that the treatment plans in dispute were reasonable and necessary. Vice Chair McGee found that the claimant’s submissions regarding the procedural history for the psychological assessment were inaccurate but not made with the deliberate intent to mislead and deceive the LAT. That said, Vice Chair McGee found that the claimant’s conduct in the proceeding did rise to the threshold of vexatious and bad faith conduct warranting a costs award of $100.00.
