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C.S. v. Unifund Assurance Company (16-000087)

  • October 26, 2016

The claimant sought entitlement to four treatment plans and removal from the MIG. As a preliminary issue, the insurer argued that two treatment plans were barred by the limitation period. Adjudicator An concluded that one treatment plan was statute barred, but that the claimant had applied to the LAT in a timely fashion for the second treatment plan. In terms of the MIG, Adjudicator An concluded that the claimant had sustained minor injuries in the accident, but had a pre-existing condition (severe degenerative disc disease) which would prevent recovery under the $3,500 cap. No evidence was submitted regarding the treatment plans; Adjudicator An therefore did not award them.

Full decision here

TGP Analysis

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  • FILED UNDER Minor Injury Guideline, Limitation Period
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