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L.R. v Economical Mutual Insurance Company (19-005496)

  • May 19, 2020

The claimant sought entitlement to a special award, taking the position that the insurer unreasonably delayed the payment of a treatment plan for physiotherapy services because the insurer approved the treatment plan after submission of the LAT Application. The claimant did not make any submissions or provide any evidence in support for an award, as the bulk of submissions focused on whether the claimant was entitled to the $100 filing fee. As such, Adjudicator Msosa concluded that there was no unreasonably delayed payments that would justify an award, noting that the insurer was within its rights to request an IE to determine whether the claimant’s injuries were in the MIG as part of the normal adjusting of the file. With respect to the $100 filing fee, Adjudicator Msosa found no basis for awarding costs in this case. The claimant used the process for resolving disputes, which requires the payment of a filing fee.

Full decision here

TGP Analysis

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  • FILED UNDER Special Award, Costs
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