M.G. v. Aviva Insurance Canada (18-002508)

The insurer sought reconsideration of the Tribunal’s award of the cost of various catastrophic impairment assessments. The insurer argued that because the treatment plans were proposed after the OCF-19 was submitted, the assessments were not being proposed in accordance with section 45, and therefore not payable. Adjudicator Johal rejected the reconsideration. She held that catastrophic impairment assessments were payable under section 25 if necessary for determining whether the claimant suffered a catastrophic impairment, and if the proposed cost was reasonable. Sections 25 and 45 did not require the claimant to submit the proposed assessments before submitting an OCF-19, and submitting an OCF-19 first was not a bar to seeking payment for the assessments under section 25.