The claimant was involved in an accident on July 16, 2019 and sought accident benefits. Certas had initially kept the claimant within the MIG and denied various medical benefits. The claimant filed a LAT Application in response to the MIG designation and denials. Following various s. 44 IEs, Certas removed the claimant from the MIG in September 2021 and approved all disputed issues, leaving only the claim for a special award. The issue of a special award related to three OCF-18s that were originally disputed in the Application. Vice-Chair Todd ruled in favour of the claimant. Vice-Chair Todd noted that Certas had been in possession of various records from medical practitioners, including a psychologist, which all noted psychological issues the claimant was facing. Certas had been in possession of these records, including the report, for up to 16 months prior to arranging for a s. 44 IE. Furthermore, the claimant had received numerous calls from the accident benefits adjuster, in which their psychological complaints (as stated in the medical records) had been reiterated on at least two occasions directly to the adjuster. Vice-Chair Todd was unable to reconcile the lengthy delay between Certas being in possession of medical evidence and statements from the claimant, and Certas arranging for a s. 44 psychology IE. As the claimant did not make a request regarding quantum of the award, Vice-Chair Todd opined that 30% of the amount of the three treatment plans, plus interest, would be reasonable considering the delay.
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