1 total
Insurer barred from relying on MIG due to late notice, but treatment plan denied as unrelated.
The applicant sought payment for a treatment plan following a motor vehicle accident.
The respondent denied the plan, arguing the injuries fell under the Minor Injury Guideline (MIG).
The Tribunal found the respondent failed to provide notice of its refusal within the required 10 business days under section 38(8) of the Schedule, prohibiting it from relying on the MIG.
However, the Tribunal dismissed the claim for the treatment plan because the applicant failed to prove the proposed treatment was reasonable and necessary for his accident-related injuries, as the plan appeared to target an unrelated fractured humerus sustained in a subsequent fall.
