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Khashi v. Travelers Insurance Company of Canada (19-005457)

  • December 21, 2020

The claimant disputed his MIG determination and entitlement to non-earner benefits. With respect to the MIG, Adjudicator Norris found that the claimant’s psychological symptoms were sequelae of minor injuries and did not meet the threshold to warrant removal from the MIG. He noted that the psychological IE assessor’s conclusions aligned with the family doctor records, and found the section 25 pre-screening report unpersuasive, as it relied entirely on the claimant’s self-reported symptoms. With respect to NEBs, Adjudicator Norris determined that the insurer provided a valid denial, despite the reason being legally incorrect, because the denial was clear and unequivocal, included reference to the claimant’s right to dispute, and was made within the timelines prescribed by the SABS. He went on to conclude that the medical evidence failed to demonstrate that the claimant was continuously prevented from engaging in substantially all of his pre-accident activities, emphasizing the fact that the claimant missed no time off from his multiple jobs following the accident.

Full decision here

TGP Analysis

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  • FILED UNDER Non-Earner Benefits, Minor Injury Guideline
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