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S.S. v. The Personal Insurance Company (19-004026)

  • August 28, 2020

The claimant sought entitlement to IRBs and removal from the MIG. Adjudicator Lake concluded that the claimant was not entitled to IRBs, but that his injuries fell outside of the MIG. With regard to IRBs, the claimant failed to prove that he was substantially unable to perform the essential tasks of his pre-accident employment. A note from the claimant’s family physician was not persuasive because the claimant had not attended the physician to get the note nor had he attended for six months. The claimant also was not attending for any physical treatment for his symptoms. Regarding the MIG, Adjudicator Lake accepted that the claimant suffered from psychological symptoms including anxiety.

Full decision here

TGP Analysis

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  • FILED UNDER Income Replacement Benefits, Minor Injury Guideline
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