LAT Rules Chronic Pain Falls Outside MIG

April 23, 2019, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The LAT (Licence Appeal Tribunal of Ontario) has ruled that Chronic pain is NOT a minor injury. This is good news for many who have been in car accidents or workplace accidents and who find themselves suffering from chronic pain. Insurance companies have long minimized chronic pain in their assessments and compensation to injured victims.

In TS v Aviva General Insurance of Canada, Chairwoman Linda Lamoureux rejected the LAT’s earlier decision which denied benefits to TS which would treat the chronic pain he suffered from. IN her decision Chairwoman Lamoureux wrote, “The tribunal made significant errors when rendering its decision. The Tribunal did not adequately consider the context and purpose of the Schedule, and ultimately adopted a narrow interpretation of the relevant provisions at issue. In doing so, the Tribunal failed to recognize T.S.’s chronic pain exceeds the Schedule’s definition of a ‘minor injury’”.

TS who was injured in a car accident was given the maximum $3500 benefit under the MIG by Aviva. Once he exhausted the benefits Aviva denied all further requests for money. TS then appealed to the LAT for consideration and indicated the chronic pain developed since the accident and that it was not a ‘minor’ injury.

Minor Injury Guidelines (MIG) states that it and the SABs (Statutory Accident Benefits Schedule) “are intended to promote the broadest use of this Guideline, recognizing that most persons injured in car accidents in Ontario sustain minor injuries for which the goods and services provided under this Guideline are appropriate.” The MIG goes on to define minor injuries as sprains, strains, whiplash, contusion, abrasion, laceration, sublaxation and “any clinically associated sequelae.” The MIG also clarifies sprains, strains, sublaxation and whiplash. 

This decision has made it clear what injuries may be considered minor injuries and what injuries warrant further funding from rehabilitation from injuries.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.