In a recent decision of the Licence Appeal Tribunal (LAT), 17-007471 v RBC General Insurance Company (2018 CanLII 83526), the applicant, a pedestrian, was struck by a reversing car in a parking lot.  He suffered whiplash and other injuries, including aggravation of pre-existing shoulder pain.  RBC, his Accident Benefits insurer, determined that his initial injuries fell within the scope of the Minor Injury Guideline (MIG).  As a result, his medical benefits were subject to a cap of $3,500. Once the $3,500 was exhausted, the applicant sought additional treatment including ongoing Chiropractic care and a Psychological Assessment.  RBC denied these treatment plans, claiming that no evidence had been provided that the applicant’s ongoing impairments exceeded the definition of a “minor injury” under the MIG (which include a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and any clinically associated sequelae).  The parties were unable to resolve their dispute which led to a hearing in writing.

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