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Applicant v RBC General Insurance (17-005218)

  • May 28, 2018

The claimant sought medical benefits for psychological issues, interest on the overdue payment of benefits, and a special award. The insurer argued that the claimant’s injuries fell within the MIG. Adjudicator Reilly held that the claimant was entitled to medical benefits for a psychological examination and psychological treatment as both were reasonable and necessary. The claimant was entitled to interest for any overdue payment of benefits, but was not entitled to a special award. The claimant’s assessors diagnosed Major Depressive Disorder and Post-Traumatic Stress Disorder with Phobic Avoidance to driving; an IE psychologist found no evidence which would warrant any psychological diagnosis and found that the claimant exhibited symptom magnification. Adjudicator Reilly preferred the claimant’s expert assessment to that of the IE psychologist, because the IE psychologist used the DSM-IV criterion instead of DSM-V, and discounted complaints of anxiety and feelings of being overwhelmed. Additionally, the IE psychologist did not review the claimant’s expert report, despite it being available. Adjudicator Reilly held that the IE psychologist’s failure to review the claimant’s expert report was not enough to warrant a special award, as the insurer still took appropriate steps to evaluate the condition of the claimant.

Full decision here

TGP Analysis

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  • FILED UNDER Medical Benefits
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