This was a preliminary motion decision on the claimant’s request for production of adjuster’s log notes beyond the date of the LAT application, and the insurer’s request for production of a 2010 AB file for a previous accident. Adjudicator Maedel ordered that the insurer produce the log notes beyond the date of the LAT application, redacted for privilege and the privacy of reserve information. Adjudicator Maedel held that he was satisfied that the log notes were relevant as there was a nexus between the productions sought and the issues in dispute. He found that the log notes reflected the ongoing adjustment of the claim for benefits and the decisions the adjuster made throughout the process. With respect to 2010 AB file, the claimant refused to submit this document arguing records more than three years pre-accident were not relevant. The insurer argued that the AB file was relevant given that causation was an issue due to the claimant’s pre-accident medical history and that it was especially relevant for the test for NEBs given the claimant’s condition after the 2010 loss. Adjudicator Maedel held that there was no definitive deadline for pre-accident productions and that productions were determined by relevance to the issues in dispute. Adjudicator Maedel found that the probative value of the 2010 AB file outweigh any prejudice to the claimant and would assist the LAT in determination of the claimant’s entitlement to benefits.
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