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E.M. v. Pembridge Insurance Company (18-011207)

  • February 14, 2020

The claimant sought a determination that her impairments were outside of the MIG and entitlement to medical benefits proposed in three physiotherapy and one psychological treatment and assessment plans. Adjudicator Norris found that the claimant’s injuries were predominantly minor and fell within the MIG. He relied on the psychological IE report of Dr. Saunders which found the claimant exhibited mild-to-minimum anxiety and stress. Adjudicator Norris preferred the IE report of Dr. Saunders over the psychological assessment report of N. Dent, as the former reviewed an extensive amount of the claimant’s medical records and provided a clearer and more robust view of the claimant’s condition. Adjudicator Norris awarded costs against the claimant because her hearing submissions were filed late, she omitted medical records from her submissions, and most notably, her representative certified that she served the submissions on counsel for the insurer when in fact she did not.

Full decision here

TGP Analysis

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  • FILED UNDER Minor Injury Guideline, Costs
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