Key legal question
Whether the insured proved an organically objectified accident-related HWS injury after 31 May 2005.
Extracted holding
No; the medical evidence did not establish a structural lesion by the required degree of probability.
Extracted reasoning
Conventional imaging was negative; fMRI findings lacked probative value; movement limitation and muscle dysfunction were functional findings and not proof of a structural accident injury; later expert opinions did not establish an objective organic substrate.