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Applicant v. Aviva Insurance Company of Canada (17-005179)

  • June 4, 2018

The insurer denied medical benefits for physiotherapy, the cost of an orthopedic assessment, and the cost of a chronic pain assessment based on its finding that the claimant’s injuries fell within the MIG. The insurer also terminated the claimant’s income replacement benefit approximately nine months after the accident on the recommendations made in three IE reports. The claimant disputed the termination. Adjudicator Norris held that the claimant sustained a minor injury and therefore was not entitled to the medical benefits in dispute. He also found that claimant was not entitled to any additional income replacement benefits. Adjudicator Norris was compelled by the insurer’s expert evidence, which was more recent than the applicant’s evidence, and found that the insurer’s evidence outweighed the claimant’s evidence because the claimant had not provided any expert evidence or evidence from a family physician.

Full decision here

TGP Analysis

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  • FILED UNDER Income Replacement Benefits, Minor Injury Guideline
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