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M.I.A. v. Aviva General Insurance (19-000993)

  • November 18, 2020

The claimant disputed entitlement to eleven different treatment plans for various therapies, assessments and CAT assessments, interest and a special award. The claimant had a notable history of chronic pain in the lower back, a failed back surgery, migraines, and used a cane. The claimant argued that the treatments and assessments were reasonable and necessary as a result of the accident. The insurer argued that the claimant had failed to comply with a LAT Order to provide evidence that the disputed treatments were required as a result of the accident as opposed to his pre-existing conditions. Adjudicator Grant noted that a review of the evidence showed a long history of the claimant reporting pain to his practitioners, however, there was no mention of the subject accident and the claimant’s complaints appeared to be a continuation of his pre-accident chronic pain condition. Furthermore, Dr. Wilderman, the claimant’s chronic pain medicolegal expert, did not review pre-accident medical documentation detailing the claimant’s long history of chronic pain and a failed back surgery, but based his conclusions on the claimant’s self-reporting. Adjudicator Grant gave Dr. Wilderman’s report little weight compared to the IE assessors’ reports, who reviewed both pre-accident and post-accident records. Adjudicator Grant concluded that there was no evidence provided that would show any of the disputed benefits were reasonable and necessary as a result of the accident. The claimant’s dispute was dismissed in its entirety.

Full decision here
Full decision here

TGP Analysis

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  • FILED UNDER Medical Benefits, CAT Assessments
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Contact Us

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Toronto, Ontario M5H 3S5

416.507.1800

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smilne@tgplawyers.com

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© 2020 Thomas Gold Pettingill LLP