T.S. v. Aviva General Insurance (17-000835)

The primary issue in dispute was whether the claimant sustained a predominantly minor injury as a result of the accident. Adjudicator Ferguson rejected the claimant’s allegations of psychological injury. He also rejected the submission that the claimant’s chronic pain was not covered by the definition of “minor injury.” Adjudicator Ferguson accepted that the claimant did suffer chronic pain syndrome as a result of the accident. However, Adjudicator Ferguson concluded based on the medical evidence that the claimant’s chronic pain was a clinically associated sequelae of his minor injuries. He was therefore restricted to $3,500 in medical benefits. The claimed treatment plans were denied