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Accident Benefit News

It is important for social workers and health care providers to understand what benefits are automatically available to those injured in a motor vehicle accident. We regularly publish recent legal findings related to accident benefits here. You can also Subscribe to our Electronic Newsletter to be kept informed on this topic.

Read the Superintendent’s Report on the Definition of Catastrophic Impairment in the Statutory Accident Benefits Schedule

Release Date Title
Jan 11, 2011
Physical and Mental impairments still combined for Catastrophic Assessment rating.
Jaggernauth and Economical – Determination of CATASTROPHIC IMPAIRMENT; no marked impairment; Pilot and Mrs. G. followed with respect to combining physical and mental impairments for whole person impairment rating.
Dec 09, 2010
FSCO to review definition of Catasrophic Impairment.
The Financial Services Commission of Ontario has recently appointed a panel of experts to assess the definition of Catastrophic Impairment under the Statutory Accident Benefits.
Nov 15, 2010
Was insured an employee or self employed?
Ferguson and ING Insurance – INCOME REPLACEMENT BENEFIT calculation; employee or self employed; facts demonstrated that insured more likely an employee
Nov 15, 2010
Insurer to pay for home renovations but not before expenditures imminent.
MacPherson and Intact Insurance: Catastrophic impairment; HOME RENOVATIONS; Decision on motion; Insurer pays for amount to renovate existing premise; Funds could be used for new home purchase; Insurer not required to fund new purchase and renovation; Advance payment requires evidence of urgency, immediate need, imminent expenditure.
Nov 10, 2010
Adjuster must properly and fully assess file.
Cowans and Motor Insurance – Was insured EMPLOYED or SELF EMPLOYED – evidence consistent with employed – Arbitrator questions process used by assessor conducting insurance medical examination – adjuster required to provide more indepth review when assessing insured’s entitlement – special award provided even where benefits reinstated.
Nov 10, 2010
FSCO considers future changes - CAT definition and Minor Injury guidelines
The Financial Services Commission of Ontario plans to start looking at Minor Injury Treatment protocols and the CAT definition.
Disclaimer: This blog is not intended to provide specific legal advice. This information should never replace the advice of a lawyer familiar with the specific facts relating to your particular situation. Reviewing our website should not be viewed as having sought professional advice.
 

You may also be interested in viewing these recent presentations given by Robert Deutschmann:
  1. FSCO 5 Year Review - Strategies for Health Care Providers
  2. The Power of Advocacy
  3. Lawyer, Case Manager, Candlestick Maker
Here are further presentations given by Doug O'Toole:
  1. Capacity to Manage Finances and Strategies when Capacity is Impaired
  2. The Law of Mental Capacity
Further Resources
  1. FSCO Expert Panel – Proposed CAT Changes
  2. Recommendations for Changes to the Definition of Catastrophic Impairment

Practice Areas

  1. Car accidents
  2. Motorcycle accidents
  3. Automobile accident benefits
  4. Catastrophic injury
  5. Brain injury
  6. Paraplegia and Quadriplegia
  7. Spinal cord injury
  8. Drunk driving accidents
  9. Concussion syndrome
  1. Wrongful death
  2. Bicycle accidents
  3. Disability insurance claims
  4. Slip and fall injury
  5. Fractures or broken bone injury
  6. Pedestrian accidents
  7. Chronic pain
  8. Truck accidents
  9. Amputation and disfigurement