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C.F. v. Aviva Insurance Canada (16-002373)

  • September 11, 2017

The claimant sought entitlement to a number of treatment plans. The insurer asserted a MIG position and noted one treatment plan to be limitations barred. Adjudicator Avvy Go noted the burden rested with the claimant and that the evidence tendered did not tie any specific impairment to the MVA. Moreover, the impairments were described as “mild or degenerative” in nature. The MIG was said to govern. The insurer noted that one treatment plan, while approved, lacked information requested under section 33 regarding a collateral benefits payer and as such was not payable until complied with. The claimant sought payment; however, Adjudicator Go noted the timing of the LAT application was beyond the 2 year period. The claimant was limitations barred from seeking payment.

Full decision here

TGP Analysis

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  • FILED UNDER Medical Benefits, Minor Injury Guideline, Limitation Period
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