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R.P. v. Aviva General Insurance (18-000131)

  • December 7, 2020

The claimant requested reconsideration of the Tribunal’s decision denying IRBs. Specifically, the claimant alleged that the Tribunal made a significant error in fact or law by failing to fully consider medical evidence and the claimant’s testimony. The claimant requested that an Order be made cancelling the decision and that IRBs be awarded with interest. Adjudicator Létourneau dismissed the request. He noted that, upon review of the decision and hearing materials, the evidence and testimony that the claimant alleged was not considered, was in fact considered in some detail and was specifically mentioned in the original decision, and the Tribunal had compared multiple reports to one another when weighing the overall evidence to reach a conclusion. The claimant further attempted to question the credentials and conclusions of the IE physiatrist. Adjudicator Létourneau pointed out that this was an attempt to re-argue the previous case, and the claimant should have made these submissions in the original pleadings.

Full decision here

TGP Analysis

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  • FILED UNDER Income Replacement Benefits, Reconsideration
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