Applicant v. Aviva General Insurance (17-006831)

The claimant sought a determination that her impairments were outside of the MIG and entitlement to attendant care and medical benefits proposed in six treatment plans. Pursuant to s. 56 of the SABS, Adjudicator Watt found that the claimant was statute barred from seeking attendant care benefits as the benefits were denied more than two years before the LAT application was filed. The respondent’s letter advising that there was no entitlement to attendant care benefits as the claimant’s injuries were within the MIG was found to have started the limitations period clock. Adjudicator Watt also found that there was no evidence demonstrating attendant care benefits had been incurred or were reasonable and necessary. Adjudicator Watt found that the claimant’s injuries fell with the MIG and that none of the treatment plans in dispute were payable as the MIG limits had been exhausted.