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S.P. v. Aviva General Insurance Company (18-008876)

  • February 8, 2021

The claimant sought reconsideration of a LAT dispute denying her entitlement to IRBs and medical benefits. The claimant was represented by counsel at the hearing and with respect to the reconsideration application. Adjudicator Boyce noted that the claimant’s reconsideration submissions were 24 pages single spaced and made sweeping accusations that the adjudicator denied her procedural fairness, acted as an advocate for the insurer, and was biased towards her. Adjudicator Boyce was critical of the fact that the claimant made allegations in her written submissions about what happened during the 1-day in-person hearing without providing a transcript of the hearing to support her arguments. The claimant argued she was denied procedural justice to cross-examine the investigator however Adjudicator Boyce noted that the claimant did not provide any evidence that she summonsed the investigator who conducted the surveillance. Ultimately, Adjudicator Boyce dismissed all of the claimant’s grounds for reconsideration.

Full decision here

TGP Analysis

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  • FILED UNDER Income Replacement Benefits, Medical Benefits, Reconsideration
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