The claimant applied to the LAT seeking entitlement to psychological and chiropractic treatment, an orthopaedic mattress, and various assessments. Causation was an issue as the claimant had a slip and fall incident and a second motor vehicle accident after the subject accident. Adjudicator Lake held that the “but for” test was the appropriate test for causation. Adjudicator Lake found that the claimant’s psychological impairments were caused by the subject accident. The claimant failed to prove on a balance of probabilities that his physical impairments were caused by the subject accident. The psychological benefits in dispute included the rate payable for a psychotherapist. Adjudicator Lake found that it was appropriate for Aviva to pay a psychotherapist at a lower rate than a psychologist. The claimant was not entitled to the disputed brokerage fee and the amount claimed for documentation and support. The claimant was not entitled to benefits related to physical impairments. The application was dismissed.
