ACCIDENT BENEFITS UPDATE: AVIVA BEATS DEAD HORSE… TWICE!
In two recent decisions of the Licence Appeal Tribunal, released on consecutive days, Aviva mounted spirited attempts to broaden the scope of accident benefits claims under the Minor Injury Guideline or MIG. N.R. and Aviva, 2019 CanLII 51313, and the Reconsideration Decision in G.S. and Aviva, 2019 CanLII 51320, were both heard in writing before Vice-Chair Susan Mather released May 9 and 10, respectively. At issue in both was whether the claimant’s chronic pain was a minor injury under the MIG. Historically, Aviva had some success in demonstrating that the presence of chronic pain does not remove a claimant from the MIG unless there is evidence of functional impairment.
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