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A.H. v. Aviva Insurance Canada (17-006373)

  • October 3, 2018

The claimant sought a determination that her impairments were outside of the MIG and entitlement to benefits proposed in one treatment plan. The respondent submitted that the claimant failed to provide any evidence to support her allegations of chronic pain and failed to comply with a case conference order to produce medical documents. The claimant submitted that a lack of financial resources prevented her from seeking treatment for her condition. Adjudicator Driesel found that there was no evidence the claimant went to her family doctor about chronic pain. Adjudicator Driesel found that the claimant’s injuries fell within the MIG and that the treatment plan in dispute was not payable as the MIG limits had been exhausted.

Full decision here

TGP Analysis

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  • FILED UNDER Minor Injury Guideline
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