Mar 28, 2017
Hughes Amys' Sabina Arulampalam successful on LAT application in which Adjudicator held claimant's injuries are within the MIG
Author Michael S. Teitelbaum
Related Lawyers Sabina Arulampalam and Linda Kiley
Hearty Congratulations and a tip of the advocacy chapeau to our Sabina Arulampalam for her success on a LAT application (E.F. and RBC Insurance Company
) that found the claimant's injuries are predominantly minor and treatment of them falls within the Minor Injury Guideline (MIG).
Our Linda Kiley observes that Adjudicator Khizer Anwar upheld RBC Insurance’s position that the applicant sustained predominantly minor injuries in the motor vehicle accident and was not entitled to funding for treatment that exceeded the limit under the MIG. The Adjudicator reiterated that the applicant bears the onus of establishing entitlement beyond the MIG Cap limit and that this will require more than reports setting out the claimant's subjective complaints, and that did not provide objective medical evidence including a diagnosis of the chronic pain alleged by the applicant. The Adjudicator also held the applicant does not have any pre-existing conditions that would prevent achieving recovery under the MIG.
A non-cuttable and non-pasteable version of the decision is attached.
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