The claimant initially applied to the LAT regarding a MIG determination and various denied OCF-18s. Prior to the LAT Case Conference, Aviva removed the claimant from the MIG and approved all disputed treatment, leaving only a special award in dispute. The claimant argued that they were entitled to a special award as Aviva had maintained a MIG position “months longer than necessary”. Aviva noted that they had adjusted the claim on a good faith basis, and did not have clinical notes or family doctor records that were legible or updated. Aviva noted that several s. 33 requests for the same had been outstanding and that the claim was adjusted on its merits. Adjudicator Hartwick ruled in favour of Aviva, noting that the claimant was in fact removed from the MIG prior to receipt of legible family doctor records and that the treatment had been approved based on what legible evidence the insurer did receive. Adjudicator Hartwick opined that Aviva had acted on all received medical information in a timely manner, and it was in fact the claimant who had frustrated the adjusting process for failure to produce relevant evidence pursuant to s. 33. The claim for a special award was dismissed.
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