Disputes with ICBC (12:VI): Difference between revisions
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→A. Minor Injury Determination Disputes
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==A. Minor Injury Determination Disputes== | ==A. Minor Injury Determination Disputes== | ||
Non-pecuniary damages are capped for minor injuries (''IVA'', s 103(2)). Minor injury has a specific legal meaning, and is defined in s 101(1) of the ''IVA'' as: “a physical or mental injury, whether or not chronic, that | Non-pecuniary damages are capped for minor injuries (''IVA'', s 103(2)). Minor injury has a specific legal meaning, and is defined in s 101(1) of the ''IVA'' as: “a physical or mental injury, whether or not chronic, that | ||
:(a) | :(a) Subject to subsection (2), does not result in a serious impairment [(defined in s 101(1) of the ''IVA'')] or a permanent serious disfigurement [(defined in s 101(1) of the ''IVA'')] of the claimant, and | ||
:(b) | :(b) Is one of the following: | ||
::(i) an abrasion, a contusion, a laceration, a sprain or a strain; | ::(i) an abrasion, a contusion, a laceration, a sprain or a strain; | ||
::(ii) a pain syndrome; | ::(ii) a pain syndrome; | ||