Dankha v. Aviva Insurance Company (19-009569)

The claimant applied to the LAT seeking removal from the MIG, entitlement to three treatment plans, and a special award. Prior to the LAT hearing, the insurer removed the claimant from the MIG and approved all the treatment plans, so the only issue at the hearing was whether the claimant was entitled to a special award. Vice-Chair Boyce found that the claimant failed to produce compelling medical evidence to support the reasonableness of the OCF-18s when they were submitted, failed to produce relevant clinical notes and records until the eve of the hearing, and delayed the completion of a s. 44 examination by failing to attend on the initially scheduled date. Vice-Chair Boyce found that there was no evidence that the insurer unreasonably withheld or delayed the payment of benefits to the claimant. The claimant was not entitled to a special award.