The insurer sought reconsideration of the Tribunal’s decision awarding payment of non-earner benefits, concussion management treatment and ordering a special award. Vice Chair Trojek granted the insurer’s request for reconsideration in part. With respect to the concussion management treatment, Vice Chair Trojek noted that the Tribunal made an error of law in not considering whether the claimant had failed to comply with the SABS because she did not submit an OCF-18, as raised in the insurer’s hearing submissions. Vice Chair Trojek also set aside the Tribunal’s decision to grant a special award because it misapplied the test (stating that a special award is granted “where the conduct of the insurer has been unreasonable or wrongly motivated”) and made a factual error (regarding the medical/rehabilitation benefits paid out by the insurer), which, had it not been made, likely would have resulted in a different decision.
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