Applicant v. Unifund Assurance Company (17-004579)

The claimant sought a determination that her impairments were outside of the MIG and entitlement to attendant care and medical benefits proposed in eight treatment plans. Adjudicator Go found that the claimant’s injuries fell within the MIG and she was not entitled to any of the benefits in dispute. As a preliminary issue, the respondent asked that the Tribunal exclude medical records that were served by the claimant less than 10 days before the written hearing date. Adjudicator Go allowed the claimant to rely on the disputed medical records because they were relevant, excluding the records might undermine the claimant’s ability to make her case, and the respondent had had an opportunity to review the records and make submissions on them.