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Applicant v RBC General Insurance Company (17-007471)

  • August 17, 2018

The claimant argued that his injuries fell outside the MIG due to a pre-existing condition that prevented him from achieving maximal recovery under the MIG and due to a psychological injury that was not mere sequelae of his soft tissue injuries. The claimant sought medical benefits for a psychological assessment and chiropractic services, as well as interest and a special award. Adjudicator Kershaw held that the claimant’s injuries fell within the MIG, and as such, he was not entitled to the medical benefits and interest sought, nor a special award. Adjudicator Kershaw held that the claimant had pre-existing, medically-documented shoulder tenosynovitis and rotator cuff tendinopathy, which continued after the accident but did not prevent maximal recovery, and that the claimant’s small partial shoulder tear was a minor injury.

Full decision here

TGP Analysis

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  • FILED UNDER Minor Injury Guideline
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