Skip to the content
  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases
  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
    • LAT Law Cases
    • Commercial/Tort Law Cases

LAT Case Law Summaries

Commercial/Tort Case Law Summaries

Back To All Case Summaries
Back To All Case Summaries

Applicant v. Scottish & York (17-006460)

  • August 28, 2018

The claimant sought entitlement to a psychological assessment and chronic pain treatment. Adjudicator Victor held that the claimant was entitled to the medical benefits as they were reasonable and necessary. The claimant demonstrated consistent psychological symptoms throughout a pre-screening and two IEs. While the claimant only received a formal diagnosis from the second IE, the adjudicator held that a psychological diagnosis was not necessary. It was enough for the claimant to exhibit psychological symptoms related to the MVA that affected his life for a psychological assessment to be reasonable and necessary. While not in dispute at the hearing, the adjudicator noted that the insurer’s reasons for the denial met the requirements of the SABS and as the insurer stated that it had reviewed the MIG and the IE’s medical opinion and concluded that there was no compelling evidence that the impairment was not a predominantly minor injury. The adjudicator held that the chronic pain treatment was reasonable and necessary as the adjudicator preferred the evidence of the claimant’s expert over the IE assessor. The IE assessor’s paper review contradicted his earlier report in that it stated the claimant had returned to work and was fit, whereas the initial report stated that claimant had returned to work on modified hours and duties and continued to experience chronic pain and limitations.

Full decision here

TGP Analysis

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vestibulum placerat ex vitae dui dignissim, in iaculis tellus venenatis. Nam aliquet mauris eros. Mauris vitae justo sit amet nisi dictum euismod in sed nisl. Donec blandit, justo eu pellentesque sodales, eros urna dignissim tortor, non imperdiet enim massa ut orci. Pellentesque id lacus viverra, consectetur neque ac, congue lorem.

PrevPrevious Case
Next CaseNext
  • FILED UNDER Medical Benefits
SHARE

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com

  • Areas of Practice
  • Mediation
  • Our Lawyers
  • News
  • Case Summaries
  • Careers

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com

© 2020 Thomas Gold Pettingill LLP Disclaimer | Privacy Policy | Statement of Principles

Powered by Crow & Pitcher

Contact Us

150 York Street, Suite 1800
Toronto, Ontario M5H 3S5

416.507.1800

416.507.1850

eodonnell@tgplawyers.com