The recent case of Scarlett v. Belair Insurance Decision Date: 2013-03-26, Adjudicator: John Wilson, Regulation: 34/10, Decision: Arbitration, Preliminary Issue, FSCO 3965 is the first reported Minor Injury Guideline (MIG) case.
The gist of the decisions stand for the proposition that injured insureds should not be required to take extraordinary steps, or be forced to make leaps and bounds to prove that treatment they require for recovery does not fall within the MIG. In fact it is the opposite that is true. Once insureds, through their care providors, establish with convincing evidence that they will not meet maximum recovery within the MIG limit, the insurer must provide payment for the treatement unless they can prove that the insured is subject to the MIG. It can be said that the applicaiton of the MIG should be considered the exceptiopn rather than the rule.