Accidents and Injuries Happen...
They Get Resolved Here.

TMD Is Not a Minor Injury

TMD Is Not a Minor Injury Subject to the Minor Injury Regulation

In Sparrowhawk v Zapoltinski (2012) A.J. No. 54(Q.B.)(Q.L.), an insurance company argued that Temporomandibular Joint Dysfunction was subject to the Minor Injury Regulation, with the conclusion being that any TMD injury was “capped.” For this to be true, the TMD had to be classified as a “sprain, strain or whiplash associated disorder” to a “muscle, tendon, or ligament.”  In this decision, the Court writes:

A. The Injury is Not a Sprain, Strain, or WAD

90    Dr. Thomas concluded that Mr. Sparrowhawk’s jaw injury more likely than not involved damage to the TMJ’s cartilage. A cartilage was described by the experts as a kind of tissue found in joints that assists in the smooth movement of body parts through that joint’s axis or axes of rotation. As previously explained, I preferred Dr. Thomas’ evidence on the involvement of cartilage injury in Mr. Sparrowhawk’s jaw dysfunction.

91    The experts agreed that a cartilage is not a muscle, tendon, or ligament. Injury to the cartilage is therefore not a “sprain” or “strain”: MIR, s. 1, DTPR, s. 1.

92    Similarly, the experts agreed that TMD is not a facet of WAD; that point was conceded by the parties. Even if that point had been disputed I would conclude that the exclusion of “jaw pain” from WAD I and WAD II symptoms by DTPR, ss. 17(a)(vi)(E), 20(a)(vi)(E) meant that the WAD injuries do not include the jaw.

93    I also concluded that Mr. Sparrowhawk experienced a non-minor injury as the TMD caused anomalous wear and damage to his teeth. Dr. Thomas concluded, and I agree, that the bruxofacets visible on Mr. Sparrowhawk’s teeth are a direct consequence of his TMD injury. That injury caused anomalous jaw movement and grinding. Mr. Sparrowhawk’s pre-injury dental records show no signs of that kind of anomalous tooth wear.

94    As teeth are not muscle, tendon, or ligaments, I conclude the bruxofaceting is also not a “sprain” or “strain”, nor is it a WAD injury.

95    On these bases I conclude that Mr. Sparrowhawk’s jaw injuries are not minor injuries.

It is important to remember that the Minor Injury Regulation applies to “sprains, strains, and whiplash associated disorders to muscles, tendons, or ligaments.” This statement is the starting point for any analysis that your injuries are “capped.” Any other injuries are arguably not capped. Sometimes you may not recognize the full extent of your injuries. It is not unusual for a patient or client to present themselves to their doctors or their lawyer with injuries and symptoms that they do not understand or that their doctor won’t diagnose. A professional injury lawyer is very experienced in this area.

Written by Joseph A. Nagy,
Edmonton Injury Lawyer
Joseph A. Nagy Injury Law, Edmonton Injury Lawyer

My name is Joseph A. Nagy. I am an Edmonton personal injury lawyer. I provide injury law services to people who have been injured in motor vehicle accidents in Edmonton and throughout central and Northern Alberta. I have successfully resolved thousands of personal injury cases. If you have suffered a personal injury and need the help of a proven, experienced personal injury lawyer, I invite you to request a free consultation. 

Recent Posts

AllInjury Law

What Is No-Fault Insurance?

March 2, 2023

Updated March 2, 2023 What Is No-Fault Insurance? Definition No-fault insurance is...

Read More >>

To Stop a Thief – What Could Go Wrong?

February 14, 2023

To Stop a Thief – What Could Go Wrong? D’Andrea v Economical...

Read More >>

Patel v Certas Direct Insurance Co., [2020] A.J. No. 793

August 31, 2020

In this Application for a Section 581 advance, there are two significantly...

Read More >>

A Summary of the Law on Section 581 Advances

August 14, 2020

A Summary of the Law on Section 581 Advances Section 581 of...

Read More >>

Choosing an Alberta Injury Lawyer

April 22, 2019

Choosing an Alberta Injury Lawyer Choosing the right Alberta injury lawyer can...

Read More >>

The 5 Most Common Driving Behaviors That Lead to Motor Vehicle Accidents

November 16, 2018

Today I would like to discuss the 5 most common driving behaviours...

Read More >>
Scroll to Top

Book Your Free Consultation

Personal Injury Glossary Comments