Tribunal File Number: 17-004068/AABS
Case Name: 17-004068 v Aviva Insurance
In the matter of an Application pursuant to subsection 280(2) of the Insurance Act, RSO 1990, c I.8, in relation to statutory accident benefits.
Between:
Applicant
Applicant
and
Aviva Insurance
Respondent
MOTION DECISION
ADJUDICATOR: Samia Makhamra
HEARD in writing and via teleconference: October 10 and 13, 2017
Overview
1The applicant seeks an order from the Tribunal requiring the production of documents by non-parties. This relates to a motor vehicle accident involving the applicant on October 14, 2015.
2As a result of the accident, the applicant applied for a determination of catastrophic on or around July 26, 2016. This was after he underwent a multidisciplinary catastrophic impairment assessment at Synergy Integrated Assessments which concluded that he met the definition of catastrophic impairment due to cognitive impairments.
3The respondent requested that the applicant undergo a multidisciplinary assessment by HVE Healthcare Assessments which took place over several weeks in 2017. The applicant was assessed by Dr. Rado, physiatrist, Dr. Esmail, neurologist, Dr. Hope, psychologist, and Susan Javaski, occupational therapist.
4The respondent denied the applicant’s claim for catastrophic impairment determination; this issue is now before the Tribunal.
5Once in receipt of the assessors’ reports, which, among other details, referred to a draft and final report for each of the reports, the applicant was unclear as to what changes or corrections were made to these documents. The applicant believes the complete copy of his file from the assessors will help clarify his concerns. Further, he submits that an order from the Tribunal will ensure the production of relevant documents.
Result
6The Tribunal orders HVE Healthcare Assessments and the assessors, Dr. Chris Hope, Dr. George Rado, Susan Javasky, Dr. Sherali Esmail, and Dr. Mohammed Khaled, to provide a complete copy of their files to the applicant and the respondent within thirty (30) days of this Order. Including:
i. All notes and records made by each of the assessors pertaining to the applicant;
ii. All correspondence in preparation for the draft reports and finalized reports, including emails;
iii. All draft reports of each of the assessors including addendum reports; and
iv. Clinical notes and records for each assessor.
Analysis
7The respondent is not opposed to the applicant’s request.
8The multidisciplinary assessment facility, HVE Healthcare Assessments, takes no position in respect of the applicant’s request.
9As there are no objections, the Tribunal orders HVE Healthcare Assessments and its assessors to produce the applicant’s complete file as noted above.
Released: November 2, 2017
Samia Makhamra, Adjudicator