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Applicant v. The Guarantee Company of North America (17-004431)

  • July 13, 2018

The claimant sought entitlement to treatment outside of the MIG, and NEBs. Adjudicator Gosio held that the claimant’s injuries fell within the MIG. Adjudicator Gosio held that while the claimant had pre-existing back pain, she failed to submit compelling evidence that her pre-existing back pain prevented her from achieving maximal medical recovery within the MIG. With respect to NEBs, Adjudicator Gosio held that while the claimant demonstrated that there were some changes in her post-accident life with respect, she failed to establish that those changes amounted to her being continuously prevented from engaging in substantially all of her pre-accident activities.

Full decision here

TGP Analysis

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  • FILED UNDER Non-Earner Benefits, Minor Injury Guideline
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