FSCO considers future changes - CAT definition and Minor Injury guidelines

November 10, 2010, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer


As reported in Canadian Insurance
FSCO CEO details time lines and goals for next round of auto reform
Minor Injury Treatment Protocol and Catastrophic Impairment definition priorities for further reform
The reforms to the Ontario auto insurance product implemented on September 1st are only the first phase of a longer term project. Financial Services Commission of Ontario (FSCO) CEO Philip Howell delivered that reminder to a group of insurers during a luncheon address at the Insurance Bureau of Canada’s (IBC) Regulatory Affairs Symposium in Toronto on November 4.
During his address, Howell laid out time lines for two important priorities for the regulator: developing a treatment protocol for minor injuries, and a review of the catastrophic impairment definition found in the Statutory Accident Benefits Schedule (SABS).
The goal of the minor injury treatment protocol will be “to develop a broad continuum of care for minor injuries that is evidence based and reflects current scientific and medical best practice,” said Howell. The protocol is expected to take three years to develop and is intended to replace the current Minor Injury Guideline that was introduced in the September 1st reforms.
As for the review the catastrophic impairment definition, Howell said that the regulator will be assembling a panel of medical experts and that the announcement of the appointment of the panel chair will be made in the near future.
“Once the definition is developed, the panel will also propose required qualifications for assessors making assessments of catastrophic injury,” he said. The time line for the project is four to six months and will include a consultation process with stakeholders with a focus on scientific evidence.
In announcing the cat impairment definition review, Howell acknowledged a recent Ontario Superior Court decision, Kusnierz v. Economical, that stated physical and psychological impairments cannot be combined to determine if a catastrophic impairment has taken place. The decision directly contradicts a previous ruling to the contrary in Desbiens v. Mordini.
“Although this decision may please companies, it does not eliminate the need to review the catastrophic impairment definition — because we now have at least two Superior Court decisions that disagree with each other on how to interpret the definition,” he said.
Howell also noted that most of the calls to FSCO’s contact centre about the September 1st reforms are coming from health care providers seeking clarification about what the new rules mean.
“I will say, however, that the industry–and I include the brokers here as well–really stepped up to be ready for September 1st,” he said.
Posted under Accident Benefit News, Automobile Accident Benefits, Car Accidents, Catastrophic Injury, Minor Injury Guidelines, Treatment

View All Posts

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit or call us toll-free at 1-866-414-4878.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.

Practice Areas

  1. Car accidents
  2. Motorcycle accidents
  3. Automobile accident benefits
  4. Catastrophic injury
  5. Brain or Head injury
  6. Paraplegia and Quadriplegia
  7. Spinal cord injury
  8. Drunk driving accidents
  9. Concussion syndrome
  10. Post Traumatic Stress Disorder
  11. Business Interruption Insurance
  12. Birth Trauma Injury
  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
  10. Fibromyalgia
  11. Nursing Home Fatality Claims

Personal Injury Blog

Aug 13, 2020
Motorcycles – How Dangerous Are They? Very.
Aug 11, 2020
Jury Trials Post COVID-19 – Is it time to review fair pay for jurors?
Aug 11, 2020
Cycling Safety Must be a Priority
Aug 06, 2020
A New Study Shows the Key to Increasing Bike Use is Street Design and Safety
Aug 04, 2020
Post-Concussion Treatment is Extremely Important in Suicide Prevention
Jul 30, 2020
Being the loved one or care giver of someone with TBI can be very challenging

More Personal Injury Articles » 
Review our services

Connect with us

Facebook Twitter Linkedin Youtube Google