The claimant disputed his entitlement to a medical benefit and the MIG. Adjudicator Lester held that the claimant’s injuries fell within the MIG and that he was not entitled to the disputed medical benefit. Adjudicator Lester held that while the claimant suffered from pain and poor sleep pre-accident, the claimant had not submitted compelling evidence to prove that his pre-existing conditions prevented him from achieving maximal recovery within the MIG limits. With respect to his post-accident complaints, Adjudicator Lester noted that while the claimant’s treating chiropractor diagnosed him with radiculopathy, the claimant’s family doctor did not mention radiculopathy in his records nor were there any referrals made for further investigation into the radiculopathy. Adjudicator Lester concluded that there was no compelling evidence that the radiculopathy prevented the claimant from achieving maximal recovery within the MIG limits. Adjudicator Lester concluded that as the claimant’s injuries fell within the MIG and the claimant had exhausted the MIG limits, the disputed treatment plan was not payable.
Menu