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J.T. v Western Assurance Company (17-008140)

  • October 29, 2018

The claimant sought entitlement to treatment outside of the MIG and various medical benefits. Adjudicator Victor held that the claimant’s injuries fell within the MIG and that the disputed medical benefits were not payable. With respect to the claimant’s submissions that she suffered from chronic pain, Adjudicator Victor held that as the claimant’s pain did not result in a functional impairment, she had not suffered chronic pain such that her injuries fell outside the MIG. In arriving at her conclusion, Adjudicator Victor relied on the claimant’s reporting one year after the accident that the accident had not changed her relationship with her husband or children nor affected her lifestyle and work. Adjudicator Victor noted that the claimant maintained two jobs post-accident for which she did not require modified duties. With respect to the disputed medical benefits, Adjudicator held that as she found the claimant’s injuries within the MIG, the claimant was not entitled to medical benefits that exceeded the MIG limits.

Full decision here

TGP Analysis

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  • FILED UNDER Minor Injury Guideline
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