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Sleep and Aviva (FSCO Appeal P17-00034)

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Case Summary

Important FSCO Appeal confirming that chronic pain falls within the MIG unless the claimant can prove that it is not related sequelae to predominantly minor soft tissue injuries.

Delegate Murray held:

"The Arbitrator incorrectly presumed that a chronic pain diagnosis automatically removes a
claimant from the MIG. However, it is clear, based on Scarlett, that a finding of chronic pain
alone does not remove a claimant from the MIG. Rather, a claimant bears the onus of proving
that their chronic pain is separate from their initial soft tissue injuries and is not a sequelae
thereof. Consequently, I find that the Arbitrator erred in law by failing to apply the proper test
for determining coverage outside the MIG. Based on the evidence before the Arbitrator and the
definition of a “minor injury” contained in the Schedule, Mr. Sleep’s injuries fall within the
MIG."

And she ordered that the MIG applied to the claim, with costs payable to Aviva.

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