Applicant removed from Minor Injury Guideline due to chronic pain; partial income replacement benefits awarded.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The respondent insurer denied several benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that while the applicant's physical and psychological injuries did not warrant removal from the MIG, her accident-related chronic pain condition caused functional impairment justifying removal.
The Tribunal awarded an income replacement benefit for the first 104 weeks post-accident, finding the applicant suffered a substantial inability to perform her duties as a personal support worker.
However, post-104 week benefits were denied as she did not demonstrate a complete inability to engage in any suitable employment.
Various treatment plans and assessments were approved in part, and interest was awarded on overdue payments.
Duncan v. Travelers Insurance Company of Canada, 2024 CanLII 159
