{"id":8,"date":"2005-11-09T19:37:11","date_gmt":"2005-11-10T00:37:11","guid":{"rendered":"http:\/\/www.cavanaghwilliams.com\/blawg\/?p=8"},"modified":"2005-11-09T19:37:11","modified_gmt":"2005-11-10T00:37:11","slug":"myofascial-pain-injury-is-permanent-important-but-not-serious","status":"publish","type":"post","link":"https:\/\/www.cavanagh.ca\/blog\/?p=8","title":{"rendered":"Myofascial Pain Injury is Permanent, Important, but not Serious"},"content":{"rendered":"<p>An Ottawa Superior Court judge has dismissed a claim for personal injuries arising out of a 2000 motor vehicle accident, on the basis that plaintiff did not meet the <em>Insurance Act <\/em>\u201cthreshold\u201d. The court was satisfied that the injury was \u201cpermanent\u201d and that it affected an \u201cimportant\u201d function but concluded that the impairment was not \u201cserious\u201d.<\/p>\n<p>In <em><a href=\"http:\/\/www.canlii.org\/on\/cas\/onsc\/2005\/2005onsc14937.html\">Page v. Primeau<\/a><\/em>, Mr. Justice Gordon Sedgwick accepted that the plaintiff had developed myofascial pain syndrome as a result of a rear-end collision. At trial, the plaintiff\u2019s evidence was that she was in constant, daily pain, ranging in severity between 4 and 8 out of a possible scale of 10. She claimed to be unable to do heavy lifting.<!--more--><\/p>\n<p>However, Justice Sedgwick noted that the plaintiff had returned to work, where she had received very favourable performance assessments and a promotion. She was able to perform most day to day activities. Nevertheless,\u00a0the court\u00a0found that the impairments were permanent (because their duration was indeterminate) and that the affected function was \u201cimportant\u201d to the plaintiff. Thus, two of the three criteria needed for a \u201cthreshold\u201d injury had been met.<\/p>\n<p>But His Honour ruled that the plaintiff had failed to establish the third element, that the impairment was \u201cserious\u201d. His review of the evidence was to the effect that the plaintiff was still able to engage in most of her activities.<\/p>\n<p>In making this determination, he also observed that the conclusions of the plaintiff\u2019s doctor (Dr. Alex McKee, who frequently testifies for personal injury plaintiffs in Ottawa), to the extent that they had been based on the plaintiff\u2019s self-reporting, must be \u201ctreated with caution\u201d.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>An Ottawa Superior Court judge has dismissed a claim for personal injuries arising out of a 2000 motor vehicle accident, on the basis that plaintiff did not meet the Insurance Act \u201cthreshold\u201d. The court was satisfied that the injury was &hellip; <a href=\"https:\/\/www.cavanagh.ca\/blog\/?p=8\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[26,12,44],"tags":[],"class_list":["post-8","post","type-post","status-publish","format-standard","hentry","category-auto","category-insurance-news","category-threshold"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.cavanagh.ca\/blog\/index.php?rest_route=\/wp\/v2\/posts\/8","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cavanagh.ca\/blog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cavanagh.ca\/blog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cavanagh.ca\/blog\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cavanagh.ca\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8"}],"version-history":[{"count":0,"href":"https:\/\/www.cavanagh.ca\/blog\/index.php?rest_route=\/wp\/v2\/posts\/8\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.cavanagh.ca\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cavanagh.ca\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cavanagh.ca\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}