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N.Y. v. TD Insurance Meloche Monnex (17-001054)

  • October 6, 2017

The claimant sought entitlement to accident benefits. The LAT case conference adjudicator ordered a hybrid hearing with evidence to be entered via writing. After the claimant filed submissions, the insurer responded with submissions containing addendum IE reports as evidence. The claimant made a motion objecting to the admissibility of the new addendum reports and was partially successful. However, the case conference adjudicator did not grant the claimant access to the adjuster log notes, nor did the addendum reports get excluded. Rather, the authors of the reports were to be made available for cross-examination and a 90 day resumption of case conference was afforded to allow the claimant to commission rebuttal reports if desired. The claimant sought reconsideration of the case conference order seeking the addendum reports to be entirely inadmissible. Executive Chair Linda Lamoureux held the case conference adjudicator did not error – the addendum reports were considered relevant and therefore admissible. The denied request for log notes was also reaffirmed. The reconsideration appeal was dismissed.

Full decision here

TGP Analysis

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  • FILED UNDER LAT Rules, Reconsideration
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