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Applicant v Wawanesa (17-004541)

  • June 29, 2018

The claimant sought removal from the MIG, entitlement to medical benefits, and interest. The claimant argued that pre-existing back degenerative changes, in conjunction with his alleged chronic pain, warranted treatment outside of the MIG. The claimant further claimed that he had incurred significant treatment expenses to enable him to return to employment, and relied on s.57(2) of the SABS to argue that the insurer was responsible for those costs. Adjudicator Ferguson disagreed, finding that there was no connection between a prescribed duty to mitigate medical issues and an obligation by the insurer to pay for treatment of those issues. Adjudicator Ferguson held that the claimant’s injuries fell within the MIG, and denied the disputed treatment plans and interest claimed.

Full decision here

TGP Analysis

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  • FILED UNDER Minor Injury Guideline
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