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VICTORIA — Concussions and mental health problems caused by an automobile crash will be considered a “minor injury” and fall under the new $5,500 cap on pain and suffering, according to new rules set by the provincial government.

Attorney General David Eby signed a cabinet order that declared sprains, strains, aches, cuts, bruises, minor whiplash (including forms called TMJ and WAD), concussions and mental health issues caused by vehicle crashes to be designated minor injuries under new caps that begin April 1, 2019.

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The inclusion of concussions and mental health has worried some lawyers and health care practitioners opposed to the cap, who say it can take a long time for symptoms of brain damage, depression or post-traumatic stress to show and that the long-lasting effects are not minor for those suffering.

In response, the Insurance Corp. of B.C. said it has set special rules for concussions and mental health injuries. ICBC will consider them to become major injuries not limited to the $5,500 pain and suffering cap if they persist for more than four months, said the president and CEO, Nicolas Jimenez.