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B.A. v Certas Direct Insurance Company (17-004796 and 17-004801)

  • April 23, 2018

The claimant was involved in two motor vehicle accidents and appealed Certas’ MIG determination for each accident. The claimant also sought medical benefits for physiotherapy for the first accident and chiropractic services for the second accident. Adjudicator Cavdar held that the claimant’s injuries for each accident fell within the MIG. The claimant suffered soft-tissue injuries as a result from the first accident. While the claimant argued that she suffered a psychological injury, her only evidence was a note of emotional disturbance by a physiotherapist, and her self-report to an IE physiatrist that she had a fear of driving. The adjudicator further held that the claimant suffered soft-tissue injures as a result from the second accident, and there was no evidence of a psychological injury except for the claimant’s self-report of anxiety. The adjudicator also held that the claimant did not submit compelling medical evidence to detail how a pre-existing condition would remove her from the MIG for the second accident.

Full decision here

TGP Analysis

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  • FILED UNDER Minor Injury Guideline
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