Key legal question
Whether the insured person remained entitled to IV coverage of physiotherapy after 31 August 2009
Extracted holding
Yes. Continued therapy was still necessary to prevent a lasting defect and a substantial impairment of future education and earning capacity.
Extracted reasoning
The court held that the decisive point was not whether new occupational fields would open up, but whether continued therapy would probably preserve or significantly improve earning capacity. The prognosis supported by the treating physician was more convincing than the RAD view, especially given the documented deterioration after the therapy break and the later need for mobilization under anesthesia.