The central issue in the recent Reconsideration of 17-000835 v. Aviva General Insurance Canada (2018 CanLII 83520) was whether chronic pain should be considered a “minor injury” or “clinically associated sequelae” under the Minor Injury Guideline (MIG) and Statutory Accident Benefits Schedule (SABS). While this issue should have been resolved already, Insurance companies continue to use the MIG as justification for denying payment of benefits to chronic pain claimants.
The Applicant, T.S. was injured in a collision on January 16, 2015 and sought treatment through his automobile insurer, Aviva. Based on the report of his initial injuries, his claim was processed under the MIG by Aviva, and was subject to a $3,500 cap on funding.

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