MIG Update – November 9, 2020
Factor: MIG – A Guideline or Standalone Determination?
In 19-004279 v TD Insurance, there was no Treatment and Assessment Plan in dispute before the Tribunal, with only MIG determination and IRB being in dispute.
The Tribunal ruled:
- Upon review of the evidence relied upon by the Applicant, which included clinical notes and records, and an IE report, the Applicant’s injuries were found to be within the MIG
In 19-004473 v Certas, the Treatment and Assessment Plans were withdrawn before the hearing, leaving MIG determination and IRB in dispute. The Respondent Argued that the Tribunal lacks the jurisdiction to hear this MIG determination as a standalone issue.
The Tribunal ruled:
- The characterization of the Applicant’s injuries cannot be a standalone issue when there are no medical or rehabilitation benefits in dispute
- 18-005228 v Aviva & 19-000099 v Certas were relied upon in this ruling
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