17-001007 v. Aviva Insurance Canada

Jan 18, 2018

Adjudicator: Robert Watt

Issues:

a. Are the Applicant’s injuries primarily minor injuries (MIG)?

b. Entitlement to medical benefit of $3,132.36 for chiropractic with Health Solutions Clinic

c. Entitlement to medical benefit of $2,968.64 for chiropractic with Health Solutions Clinic

Result:

Applicant’s injuries fall within the MIG and also not entitled to medical benefits for chiropractic treatment.

Applicant relied on reports of Dr. Alan Pintaric indicating that there were pre-accident sciatic nerve issues, anxiety post accident and chronic post traumatic headaches. The doctor’s post-accident observations of PTSD and anxiety were ignored as he is not qualified to give opinions on this. Dr. Shemtov for the Respondent concluded that there were no significant functional impairments related to the accident and on that basis the treatment plans were not reasonable or necessary. There was also no specific diagnosis by any doctor of Chronic Pain Syndrome.

No pre-accident medical evidence was provided which showed a pre-accident medical condition which would prevent maximal recovery under the MIG, even though there was clear kidney disease, sciatic nerve complaints, hypertension and weight issues.

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