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S.S. v. Unifund Assurance Company (18-010682)

  • February 25, 2020

The claimant sought a determination that her impairments were outside of the MIG, entitlement to medical benefits proposed in two physiotherapy treatment plans that had been partially approved, entitlement to IRBs which had been suspended for non-attendance of IEs, and a special award. Adjudicator Lester rejected the claims. She agreed with the insurer that the claimant’s injuries from a previous car accident had resolved prior to the subject accident and that the claimant had not exacerbated a previous condition to warrant removal from the MIG. Adjudicator Lester also found that the insurer’s notices of the IEs were compliant with the Schedule, and the claimant’s non-attendance of IEs disentitled her to IRBs.

Full decision here

TGP Analysis

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  • FILED UNDER Income Replacement Benefits, Minor Injury Guideline, IE Non-Attendance
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