In a recent decision, the Licence Appeal Tribunal (the “LAT”) held that the applicant’s concussion removed him from the Minor Injury Guideline (the “MIG”) despite the effective resolution of his concussion symptoms.
The applicant, Vanessa Vasudevan, was injured in a motor vehicle collision on February 20, 2017. She was 15 years old at the time.
The applicant applied to her automobile insurer, Economical Insurance, for accident benefits. She applied to the Licence Appeal Tribunal (the “LAT”) when a number of treatment plans and her claim for Non-Earner Benefits (“NEBs”) were denied.
In this case, a formal diagnosis of chronic pain was not required for removal from the MIG.
The LAT address of res judicata as it may relate to the determination of MIG status.
This hearing before the Licence Appeal Tribunal dealt primarily with the issue of whether the Applicant’s injuries were predominantly minor within the meaning of the SABS. The Applicant submitted a number of medical and rehabilitation treatment plans above the $3,500.00 available under the MIG for claimants with predominantly minor injuries…
Improper notice denying treatment prevents insurer from relying on MIG until defect corrected.
