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Applicant v. Aviva Insurance (17-006160)

  • March 23, 2018

The claimant sought entitlement to various medical benefits, a special award, and interest. The claimant raised a procedural issue, and asked the Tribunal to disregard attachments appended to the insurer’s written submissions, as they had not been transmitted properly via facsimile to the claimant; the attachments had been provided via mail several days later. Adjudicator Mazerolle denied the claimant’s request, as the potential prejudice to the insurer in refusing to consider the documents outweighed the effect of any delay in the claimant receiving the documents. Upon reviewing the medical documentation available, Adjudicator Mazerolle concluded that the claimant was entitled to the benefits in dispute, as they were reasonable and necessary, and to interest. However, Adjudicator Mazerolle held that the claimant was not entitled to a special award.

Full decision here

TGP Analysis

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  • FILED UNDER Medical Benefits, LAT Rules
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