Applicant's chronic back pain following a motor vehicle accident removes his injuries from the Minor Injury Guideline.
The applicant was injured in a motor vehicle accident and sought accident benefits from the insurer.
The insurer argued that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant, who had been an active amateur hockey player and weightlifter, claimed he developed chronic back pain as a result of the accident, which prevented him from continuing his athletic pursuits.
The arbitrator reviewed conflicting medical evidence from orthopaedic surgeons and other experts.
The arbitrator accepted the applicant's evidence and the medical opinions supporting a chronic pain diagnosis, finding that the ongoing sharp back pain constituted an injury beyond the scope of the MIG.
The arbitrator concluded that the applicant's injuries do not fall within the Minor Injury Guideline and awarded expenses to the applicant.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 1, 2017
