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

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Result 49 - 54 of 238

Release Date

Title

Feb 14, 2012

Multiple treatment modalities reasonable and necessary.

West and Aviva – REASONABLE AND NECESSARY TREATMENT; insured seeking additional massage and chiropractic treatment; must show that treatment goals reasonable, goals are met to a reasonable degree, overall cost financially and in time is reasonable considering degree of success and alternative treatments; relief of pain a legitimate medical and rehab goal along with supportive care; effectiveness of treatment need not be proven to level of scientific certainty; require “compelling evidence” between subjective belief and objective evidence approaching scientific certainty.

Feb 14, 2012

Insurance brokers need to provide details about optional coverage.

Zefferino and Meloche Monnex – INSURANCE BROKER LIABILITY; did broker fulfill duty to property advise insured about options available under auto insurance; insurer owed insured a duty of care; insurer should explain nature of optional coverage and standard practice fell short; evidence did not support that insured would have purchased optional benefits in any event.

Feb 10, 2012

Totality of evidence supported claim for income replacement benefits

Alper and State Farm – CATASTROPHIC IMPAIRMENT; marked impairment; preponderance of evidence indicates that mental or behavioural disorder due to car accident; insurer suspected malingering or exaggeration; following some minor improvement after the accident there was significant deterioration in both physical and psychological condition; no evidence of similar pre-existing condition and insufficient evidence to show malingering, feigning or suffering from factitious disorder.

Feb 10, 2012

Preponderance of evidence showed marked impairment due to car accident.

Jan 15, 2012

GCS administered 14 hours after accident considered within "reasonable period of time".

Mallat and Personal Insurance – CATASTROPHIC IMPAIRMENT; 14 hours after accident the GCS yielded a score of 8; GCS test was administered within a “reasonable period of time”; reasonable depends on the particular facts of each case; this case involved a serious injury and insured underwent numerous emergency assessments and procedures.

Dec 28, 2011

Acceptable to combine physical and psychological impairment ratings.

Kusnierz and Economical – CATASTROPHIC IMPAIRMENT; Court of Appeal affirms that combining ratings for physical and psychological impairments is acceptable procedure; decision in Desbiens is affirmed; class of persons considered Catastrophic through combining would still remain small; allowing combination promotes fairness and objectives of Statutory Accident Benefits

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.

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