P.E. v. The Dominion of Canada General Insurance Company (16-003460)

The claimant sought entitlement to medical benefits. At the outset, the insurer sought a dismissal of the claimant’s application for arbitration based on non-compliance with disclosure requirements. Adjudicator Ferguson noted there was no authority under Rule 9 of the LAT Rules to dismiss an application for failing to comply with Tribunal disclosure rules. Moreover, the insurer failed to demonstrate how non-disclosure by the claimant would cause prejudice. On the merits, Adjudicator Ferguson held the treatment plans claimed were reasonable and necessary.