On Saturday June 6, 2011 I presented to a group of Chronic Pain Physicians: Overview of the new SABS (Statutory Accident Benefit Schedule) relative to the new Minor Injury Guidelines, Functional Evaluations and Chronic Pain assessments.
One has to query whether the condition of chronic pain or a severe psychological disability arising from a whiplash injury would qualify as a clinically associated sequelae and accordingly, not be compensable beyond the minor injury limits.
What is the current legal status:
Aviva vs Pastore: This decision is truly ground breaking. For the first time, chronic pain was recognized as a significant disabling condition.
On May 13, 2011, the Ontario Division Court released its decision in Aviva v. Pastore. The FSCO Arbitrator and the Director’s Delegate had concluded that Ms. Pastore was catastrophically impaired. The accident benefit insurer had filed for judicial review of the decision to the Ontario Division Court.
The Ontario Division Court set aside the decision of the Director’s Delegate without prejudice to the matter being reheard or pursued as a fresh application.
Supreme Court of Canada struck down provisions within Nova Scotia’s Workers’ Compensation Act that prohibited people who were disabled by chronic pain from benefits as a violation of section 15(1) of the Canadian Charter of Rights and Freedoms.
Nova Scotia (Workers’ Compensation Board) v. Martin; Nova Scotia (Workers’
Compensation Board) v. Laseur,  2 S.C.R. 504, 2003 SCC 54
It will be interesting to see how the FSCO arbitration decisions progress.