D.S. v. Aviva Insurance Company of Canada (17-006952)

The claimant sought entitlement to the cost of a psychological assessment and a special award. Adjudicator McQuaid found that the assessment was reasonable and necessary, as the evidence from the ongoing adjustment of the claim supported the need for a psychological assessment. The result of assessments and examinations by four different doctors was a recommendation for psychotherapy treatment. Adjudicator McQuaid found the cost of the examination to be payable but did not grant a special award, finding the insurer’s denial of the cost of the examination was not per se frivolous and vexatious conduct.