The insurer filed a request for reconsideration in relation to the previous ruling, which determined that s.25 CAT assessments are excluded from the $50,000.00 medical benefits limit. The insurer argued that Tribunal erred in law or fact and requested that the previous decision be set aside. The insurer argued that the Tribunal had erred in its interpretation of s.18(5) of the SABS by not interpreting this section to include the cost of CAT assessments. Vice Chair Marzinotto noted that the original decision addressed s.18(5) in its entirety, and not in a vacuum, as it should be interpreted to discern the context and intent of the subsection. Vice Chair Marzinotto dismissed the insurer’s request for reconsideration as the insurer had failed to establish that the Tribunal made an error of law such that the Tribunal would likely have reached a different result had the error not been made.
