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Applicant v. Aviva Insurance Canada (17-001414)

  • February 22, 2018

The claimant sought entitlement to NEBs, treatment outside the MIG and entitlement to seven treatment plans. Adjudicator Watt dismissed the claimant’s claim for NEBs and concluded that the claimant’s injuries fell within the MIG. As the claimant’s injuries were found within the MIG, Adjudicator Watt found that the disputed treatment plans were not payable. With respect to the claim for NEBs, Adjudicator Watt relied on the surveillance report, the claimant’s testimony and the medical reports filed to conclude that she did not meet the NEBs disability test. With respect to the MIG, Adjudicator Watt concluded that the claimant failed to submit any evidence that she had a pre-existing medical condition to prevent her from reaching maximum recovery under the MIG and concluded that her injuries fell within the MIG definition.

Full decision here

TGP Analysis

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  • FILED UNDER Medical Benefits, Non-Earner Benefits, Minor Injury Guideline
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