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M.K. v. Aviva Insurance Company (17-003608)

  • February 13, 2018

The claimant sought entitlement to NEBs, removal from the MIG, and one treatment plan. The insurer argued that the claimant failed to attend an IE. Adjudicator Watt agreed that the claimant failed to attend a scheduled IE, and he therefore could not dispute his entitlement to the denied treatment plan. In terms of NEBs, the adjudicator held that the claimant failed to submit sufficient evidence supporting his claim (the claimant had returned to work, and made very few complaints to his family doctor). The claimant’s injuries were found to fall within the MIG.

Full decision here

TGP Analysis

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  • FILED UNDER Non-Earner Benefits, Minor Injury Guideline, IE Non-Attendance
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