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F. A.-W. v. Aviva General Insurance Company (18-008742)

  • January 24, 2020

The claimant sought entitlement to a further $2,000 for catastrophic impairment clinic file review ($10,400 had been approved for other catastrophic impairment assessments). The insurer had initially denied entitlement on the grounds to the entire amount on the grounds that the claimant’s medical benefits limits had been exhausted, but reversed that position eight months later. Adjudicator Norris held that the denied clinic file review was not payable because it was duplicative of services intended to be included in the $2,000 limit for fees of conducting any one assessment or examination. Adjudicator Norris granted a special award of $2,080.00 (20 percent) in relation to the earlier denial of catastrophic impairment assessment because the insurer ignored abundant case law that the medical benefits limits did not apply to such assessments.

Full decision here

TGP Analysis

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  • FILED UNDER Special Award, CAT Assessments
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