The claimant sought a determination that her impairments were outside of the MIG and entitlement to medical benefits proposed in seven chiropractic, attendant care, and psychological treatment plans and assessments. The claimant also argued the MIG limit did not apply to the psychological-based treatment plans, citing the insurer’s failure to state in its denial letters that the MIG applies. Adjudicator Grant found that the chiropractic treatment plans and attendant care assessments fell within the MIG due to a lack of objective medical evidence suggesting otherwise. He further found that the insurer’s denial letters in response to the psychological-based treatment plans failed to comply with section 38(9) of the Schedule, as it did not provide the required notice to the claimant of the insurer’s position that the MIG applied to his impairments. The insurer was subsequently prohibited from arguing that the injuries related to those treatment plans were predominantly minor injuries to which the MIG applied and was required to pay those medical benefits.
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