M.T. v. TD Insurance Meloche Monnex (17-001552)

The claimant sought entitlement to a number of prescription medications. The insurer denied payment and asserted the MIG governed, which had been exhausted. Adjudicator Rupinder Hans reviewed the medical evidence and concluded that the claimant suffered nothing more than soft tissue injuries and that no pre-existing condition was evidenced to prevent maximal recovery within the MIG. Notably, the adjudicator accepted that the “but for” causation test applied rather than the “material contribution” test. Accordingly, the claimant’s claims were dismissed.