On December 17, 2013, the Government published Ontario Regulation 347/13, amending the Statutory Accident Benefits Schedule. This Regulation will come into force on February 1, 2014.
The changes will affect, among other things, the pre-existing condition provisions of the Minor Injury Guideline (MIG). These changes provide additional hurdles for injured plaintiffs seeking to obtain accident benefits.
The new regulation tightens up the requirements under Subsection 18(2) and 38(3)(c)(i)(B) to avoid the MIG. Previously, the MIG did not apply if a health practitioner determined and provided compelling evidence that the injured person had a pre-existing medical condition that would prevent this person from achieving maximal medical recovery. The new change requires the pre-existing medical condition to be documented by a health practitioner before the accident. Therefore, injured plaintiffs who do not have a doctor or failed to see a doctor for a condition will not be able to escape the MIG for this reason.
The new regulation can be found on Service Ontario's website.
Read my blog post "I have never been in so much pain. Why does my insurance company insist that I have suffered a minor injury" to learn more about the MIG.