The claimant sought entitlement to various medical and rehabilitation benefits. At the case conference, the parties resolved the claimant’s claim for all past, present, and future medical and rehabilitation benefits for $848.51, which was the remaining amount of benefits available under the claimant’s policy limits. The only issue that remained in dispute was the claim for a special award. Adjudicator Lake found that the insurer’s denial of a proposed orthopaedic assessment on the basis that an orthopaedic IE had already been completed was not a valid medical or other reason, and resulted in a delay in payment for the assessment. She disagreed with the claimant’s submissions that an award of 50% was warranted, given the limited evidence to suggest that the insurer’s conduct rose to the level of being excessive, imprudent, stubborn, inflexible, or unyielding. She instead granted a nominal award of 5% as a reminder that section 25 assessments are not duplications of section 44 assessments. In determining the quantum of the award, Adjudicator Lake agreed with the insurer that she was only able to award a lump sum on the $848.51 remaining under the policy limits (as opposed to the full amount of treatment plans originally in dispute). As a result, the claimant was entitled to an award in the amount of $42.43.
