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Applicant v Aviva Insurance Canada (17-004824)

  • May 30, 2018

The claimant argued that she was diagnosed with a psychological impairment and chronic pain syndrome which did not fall within the MIG and appealed the insurer’s denial of physiotherapy treatment, costs of examinations, out of pocket expenses, and interest on overdue amounts. Adjudicator Létourneau held that the claimant had chronic neck pain which fell within the MIG as soft tissue sprains, strains or other minor injuries, which limited the insurer’s liability to $3,500. Adjudicator Létourneau held that the claimant’s evidence did not show a psychological impairment caused by the accident. The evidence showed that PTSD had been ruled out and the claimant’s anxiety had often been caused by school, her family, and situational causes. With regard to chronic pain, Adjudicator Létourneau held that the evidence only referenced sequelae of soft tissue strains, sprains or whiplash, and there was no diagnosis of or reference to chronic pain syndrome.

Full decision here

TGP Analysis

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  • FILED UNDER Minor Injury Guideline
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