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S.S. v. Aviva Insurance Canada (17-005998)

  • June 4, 2018

The insurer denied the claimant’s entitlement to medical benefits for chiropractic treatment based on its finding that her injuries fell within the MIG. Arbitrator Grant held that the claimant’s injuries fell within the MIG. As such, the claimant was not entitled to the medical benefits in dispute. Arbitrator Grant noted that while the clinical notes of the claimant’s family physician stated that she suffered from ongoing chronic pain, there was no indication that any objective testing was performed to inform the doctor’s opinion. There must be clear, objective evidence, obtained through diagnostic testing that concludes a person suffers from chronic pain and no such objective evidence was advanced by the claimant in this matter.

Full decision here

TGP Analysis

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  • FILED UNDER Minor Injury Guideline
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