D.L. v. Aviva Insurance Company (17-006056)

The claimant initially disputed entitlement to various assessments which were denied based on the MIG. The insurer later approved the assessments following an IE which concluded that the claimant suffered a psychological impairment as a result of the accident. The claimant requested a special award based on the earlier denials. Adjudicator Goela granted a special award of 25 percent in relation to one of the denied psychological assessments. The insurer had the IE report removing the claimant from the MIG in its possession for eight months but had failed to provide it to the claimant due to an administrative error. The claimant’s representative had requested a copy of the report on numerous occasions and the insurer took no steps to request an additional copy of the report.