<Removal from the Minor Injury Guideline under the Schedules>

1. An insured person may be removed from the MIG if it can be established that accident-related injuries fall outside of the MIG or, under s. 18(2), that a documented pre-existing injury or condition combined with compelling medical evidence states that the condition precludes recovery if kept within the confines of the MIG.

2. The Tribunal has also determined that chronic pain with functional impairment or a psychological condition may warrant removal from the minor injury guideline.

3. It is critical for the claimant/applicant to meet his onus, by providing the evidence of a pre-existing condition that would delay recovery, or evidence of a psychological impairment from the subject accident.

4. The claimant/applicant also has to provide the reliable evidence to satisfy the “but for” test in establishing a link between the accident and any deterioration in his physical or psychological condition. Besides, he has to demonstrate that the accident was a factor in the causation of his injuries.