L.L. v Aviva Insurance Canada (18-001329)

Requests for reconsideration were filed by the claimant and the insurer in relation to a special award of $550 on a $2,200 assessment. The claimant sought an increase in the quantum awarded; the insurer argued that no special award ought to have been granted. Adjudicator Kepman dismissed both reconsideration requests, writing that the insurer had failed to articulate a legitimate reason for denying the treatment plan and for scheduling an IE with a general practitioner rather than a physiatrist. This was not an error of law upon which a reconsideration would be granted. The claimant’s request for an increase in the quantum of the special award was rejected because it was premised on being awarded on two additional treatment plans that were not in dispute at the hearing.