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W.C.P. v. Certas Home and Auto Insurance Company (18-010692)

  • February 27, 2020

The claimant sought determination that his impairments were outside of the MIG and sought entitlement to the costs of an examination for an in-home attendant care assessment. Adjudicator Reilly found that there was no evidence before the Tribunal that would take the claimant outside of the MIG, therefore, the claimant was subject to the MIG limits. Adjudicator Reilly found that since the claimant’s injuries were minor in nature it was not necessary to determine whether the claimant was entitled to the cost of the in-home assessment. Adjudicator Reilly noted that the claimant did not present compelling evidence or sufficient medical information to prove he had a pre-existing condition, chronic pain syndrome, or a concussion which would prevent maximal recovery under the MIG.

Full decision here

TGP Analysis

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  • FILED UNDER Minor Injury Guideline
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