Tribunal Orders Production of All Draft and Final IE Reports - Applicant v Aviva Insurance, LAT 17-004068

December 04, 2017, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Applicant v Aviva Insurance, LAT 17-004068 2017 CanLII 77343 (ON LAT)

Decision Date: November 2, 2017-11-02
Heard Before: Samia Makhamra

The 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. The motion for insurer doctors complete file to clarify whether there was any influence to make a different conclusion.

The applicant applied for a determination of catastrophic on or around July 26, 2016 following a car accident. This was after he underwent a multidisciplinary catastrophic impairment assessment which concluded that he met the definition of catastrophic impairment due to cognitive impairments.

Aviva requested that the applicant undergo a multidisciplinary assessment which took place over several weeks in 2017. The applicant was assessed by a physiatrist,  a neurologist, a psychologist, and an occupational therapist. Aviva denied the applicant’s claim for catastrophic impairment determination; this issue is now before the Tribunal.

Once 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

The Tribunal orders the IE assessors to provide a complete copy of their files to the applicant and Aviva within thirty (30) days of this Order. Including:

1. All notes and records made by each of the assessors pertaining to the applicant;
2. All correspondence in preparation for the draft reports and finalized reports, including emails;
3. All draft reports of each of the assessors including addendum reports; and
4. Clinical notes and records for each assessor.

Aviva is not opposed to the applicant’s request.

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Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

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