Applicant v. Aviva Insurance Company (17-001007)

The claimant sought removal from the MIG and entitlement to two treatment plans for physical therapy. Adjudicator Watt held that the claimant’s injuries fell within the MIG and wrote that the claimant had not explained why her pre-existing obesity, hypertension, and sciatic nerve problems would prevent maximal recovery under the MIG. He favoured the opinions of the insurer’s assessors, and noted that the claimant had returned to work within five months of the accident. Adjudicator Watt also wrote that the proposed treatment plans were not reasonable and necessary because the description of the claimant’s injuries were inconsistent with the claimant’s actual injuries.