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D.M. v Aviva Insurance (17-003463)

  • June 7, 2018

The claimant sought entitlement to NEBs, attendant care, two medical benefits, interest, and costs. Adjudicator Johal found the claimant’s complaints of pain to be credible, but did not find that his pain-related restrictions equated to a complete inability to carry on a normal life; as such, the claimant’s entitlement to NEBs was denied. However, Adjudicator Johal preferred the evidence of the claimant’s assessors with respect to his attendant care needs, and held that he was entitled to attendant care benefits. After a review of the medical evidence, Adjudicator Johal concluded that one of the disputed benefits for chiropractic treatment was reasonable and necessary, while another for occupational therapy services was not. Adjudicator Johal declined to award costs.

Full decision here

TGP Analysis

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  • FILED UNDER Medical Benefits, Non-Earner Benefits, Attendant Care Benefits
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