The appellant was injured in a motor vehicle accident and suffered an intracranial brain contusion.
The insurer placed her in the Minor Injury Guideline (MIG) under the Statutory Accident Benefits Schedule (SABS), limiting her benefits to $3,500.
The Licence Appeal Tribunal upheld this decision, finding that the definition of 'minor injury' includes all contusions, including brain contusions.
On appeal, the Divisional Court found the Tribunal erred in law by focusing on the degree of impairment rather than the nature of the injury.
The court held that an intracranial brain contusion is not a 'minor injury' under the SABS, allowed the appeal, and ordered the appellant removed from the MIG.
