Is neck and scapular pain permanent?

Ontario, Canada


The following excerpt is from Compierchio Jones v. Guido Mazolla, 2004 CanLII 29151 (ON SC):

Is the impairment permanent? It has been held that “permanent” does not mean forever. Rather, it implies an indefinite period of time. In the case of Skinner v. Goulet, [1999] O.J. No. 3209 (Sup. Ct.), the plaintiff suffered similar complaints, that is neck and scapular pain, headaches and pain and soreness in her rib, lower back and hip. In that case, an impairment that had lasted 6 ½ years was found to be permanent. In this case, the period of time is approximately 7 years between the date of the accident and the trial.

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