Success Stories - Volume #15

Pain Treatment Funding

During his employment, our client suffered a serious injury to his left arm, left shoulder and neck. By reason of same, he became more reliant on his right arm to perform his employment duties, thereby causing injury to that arm as well. Our client undertook all reasonable and necessary treatment and ultimately came upon a Pain Specialist who recommended medicinal cannabis to aid in the treatment of the high levels of chronic pain associated with our client's disability. Our client found benefit in this treatment with significantly less side effects than what was the case with using opioids. Regrettably, the insurer denied the funding of the medicinal cannabis, arguing that it was not reasonably necessary even though our client had support from his General Practitioner, Pain Specialist and an Independent Medical Examiner. Given the insurer’s refusal to meet the cost of the medicinal cannabis, we were compelled to commence proceedings on our client's behalf in the Personal Injury Commission. On the day of the listed hearing, we were afforded the opportunity to engage in negotiations with the insurer and able to convince it that the cost of the medicinal cannabis was reasonable and necessary for the treatment of our client’s injury and the insurer voluntarily agreed to meet the cost of same on a continuing basis. The matter was therefore settled without the need to proceed to a determination by the Member in the Commission.

Lee Hagipantelis - Principal of Brydens Lawyers