M.A. v Aviva General Insurance Company (18-011678)

The claimant sought entitlement to IRBs, removal from the MIG, and entitlement to various medical benefits. Adjudicator Grant found that the claimant’s injuries were predominately minor in nature and there was no evidence before the Tribunal to support the claimant’s submission that his psychological impairments remove him from the MIG. Adjudicator Grant also noted that the claimant had not satisfied at least three of the criteria set out by the American Medical Association Guidelines, so the claimant could not be found to suffer from chronic pain. In terms of entitlement to IRBs, Adjudicator Grant found that claimant did not suffer a substantial inability to perform the essential tasks of his pre-accident employment.