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The Applicant v. Aviva Insurance Canada (17-006182)

  • June 18, 2018

The claimant sought a determination that her impairments were outside of the MIG as well as entitlement to medical benefits proposed in six treatment plans. The claimant argued that she should be removed from the MIG due to accident-related psychological impairments and chronic pain. Adjudicator Maleki-Yazdi held that for chronic pain to fall outside of the MIG, the claimant must be suffering from severe, persistent, and constant pain, and that the pain must cause the claimant to have a functional impairment adversely affecting her activities of daily living. The adjudicator found that the claimant did not have a psychological injury and did not meet the onus to prove she suffered from chronic pain as a result of the accident. Adjudicator Maleki-Yazdi found that claimant was within the MIG and dismissed the application.

Full decision here

TGP Analysis

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  • FILED UNDER Minor Injury Guideline
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