1 Accident Benefits & Spinal Cord Injuries under Bill 198 Presented by: David F. MacDonald, David A. Payne & Wendy Moore Johns June 23, 2005 Attendant Care Provided by Family Members in Hospital Pay Now, Ask Questions Later
2 First Step: Determining How Much Care Required - Complete Form 1 How much time in rehab? How many nurses/floor? How many Nurses per patient? Example - Needs 24 hour care - 2 hours rehab per day - 4 nurses attend 16 patients = 1 nurse per 4 patients = 1 nurse available approximately 6 hours per day per patient less charting time of 1 hour per day = 5 hours OHIP funded nursing care + 2 hours rehab per day
3 Does the insurer have to pay for 17 hours of care? No - Pays only for the amount of care provided - Can wait for application for expenses What triggers payment? Expense application by family members providing care Evidence that expenses have been incurred - McKnight and Guarantee
4 What must Expense Application include? Names of care providers Dates care provided Approximate times of service provision Does the injured person have to pay family members in order to incur an expense? No: A service needs to have been provided in order for an expense to have been incurred An expense does not need to have been paid to have been incurred - L.F. and State Farm - Stargratt and Zurich - S.D. and T.T.C.
5 Question: Can the insurer object to paying attendant care while patient is in hospital because the Hospital Act stipulates that hospitals are required to provide the level of care a patient requires while in hospital [insurer s quote] Answer: No. Hospital Act obliges hospitals to provide: - accommodation -meals - nursing -lab testing BUT NOT ATTENDANT CARE - Ministry of Health, October 2002 Ms. Anne Utley, Senior Subrogation Officer
6 Part #2 June 23, 2005 To be or not to be? CATASTROPHICALLY IMPAIRED That is the question. New Developments in the Law of Catastrophic Impairment June 23, 2005
7 Why is being declared CATASTROPHICALLY IMPAIRED important? For Motor Vehicle Accidents: before November 1, 2003 i. You must be CATASTROPHICALLY IMPAIRED to recover, from a wrongdoer, any monies for the cost of future care. ii. Without being declared CATASTROPHICALLY IMPAIRED, the combined attendant care and med/rehab no fault benefits care are only $170, iii. If you are CATASTROPHICALLY IMPAIRED, your combined attendant care/med/rehab no fault benefits increase to $2 million.
8 On or After November 1, 2003: i. You no longer have to be CATASTROPHICALLY IMPAIRED to claim future health care expenses from the wrongdoer who caused your injury. (You must now pass a new threshold) ii. However, you still must be declared CATASTROPHICALLY IMPAIRED in order to have your $2 million limit in available combined attendant care/medical/rehabilitation benefits. On November 17, 2004, Mr. Justice Spiegel, in a detailed and thoughtful judgment in the case of Desbiens v. Mordini, O.J. No. 4735, provided clear guidance on how the catastrophic determination is to be made. The decision changed many of the approaches and rules that insurers, doctors, lawyers and Designated Assessment Centres have been using when determining whether someone is, or is not, CATASTROPHICALLY IMPAIRED.
9 As a result of this case, many injured victims, who never attempted to be declared CATASTROPHICALLY IMPAIRED or were determined by Catastrophic Designated Assessment Centres (CAT DACs) to not be CATASTROPHICALLY IMPAIRED, may find out that in fact they are. The Background: The Law: In order to be CATASTROPHICALLY IMPAIRED, the law states: 5.(1) For the purpose of subsection 267.5(4) of the Act, CATASTROPHIC IMPAIRMENT means (a) Paraplegia or quadriplegia; (f) Subject to subsections (2) and (3), any impairment or combination of impairments that, in accordance with the American Medical Association s Guides to the Evaluation of Permanent Impairment, 4 th edition, 1993, results in 55 per cent or more impairment of the whole person; or
10 The Background: The Law: (g) Subject to subsections (2) and (3), any impairment that in accordance with the American Medical Association s Guides to the Evaluation of Permanent Impairment, 4 th edition, 1993, results in a class 4 impairment (marked impairment) or class 5 impairment (extreme impairment) due to mental or behavioural disorder (3) For the purposes of clause (f) and (g) of the definition of CATASTROPHIC IMPAIRMENT in subsection (1), an impairment that is sustained by a person but is not listed in the American Medical Association s Guides to the Evaluation of Permanent Impairment, 4 th edition, 1993 shall be deemed to be the impairment that is listed in that document and that is more analogous to the impairment sustained by the person, impairment means a loss or abnormality of a psychological, physiological or anatomical structure or function. The American Medical Association s Guides to the Evaluation of Permanent Impairment, 4 th edition: The Guides is a book which provides a doctor with a format for analyzing, assessing and recording functional impairments to all parts of the body. After assigning a percentage value to an individual s particular impairments, a formula set out in a chart is used to combine them into a final whole person impairment (WPI). If this whole person impairment is 55% or above, the injured person is deemed to be CATASTROPHICALLY IMPAIRED.
11 In Desbiens, the court made clear what it thought of using the Guides as a determining criteria for the compensation available to individuals seriously injured in a motor vehicle accident, While the editors acknowledge the Guides may be used in the litigation process, they caution against using the impairment percentages derived, to make direct financial awards. As Lax, J. pointed out in Snushall v. Fulsang, the insurance legislation in Ontario appears to require precisely what the Guides themselves discourage. It has also been pointed out that the Guides are not designed to assess the treatment or rehabilitation service requirements. Therefore, under Bill 59 we have the anomalous situation that the determination of entitlements to recovery of health care expenses in a tort action is governed by a set of guidelines that do not address the need for healthcare or the estimated costs thereof. Can an injured person s psychological impairments be given an impairment value and used towards achieving a 55% whole person impairment (CATASTROPHICALLY IMPAIRED)? As strange as it may seem, every kind of impairment (injury) is given a percentage in the Guides, except mental or behavioural disorder injuries.
12 Justice Spiegel reviewed the law, in detail, and ruled: I find that it is in accordance with the Guides to assign percentages to Mr. Desbiens psychological impairments and to combine them with his physical impairments in determining whether he meets the definition of catastrophic impairment under clause (f). How is the whole person impairment calculated for a person who has preexisting impairments? Many individuals injured in car accidents have pre-existing impairments. In Mr. Desbiens case, they were extreme. Prior to the motor vehicle accident, he was already a paraplegic from a prior work-related accident.
13 The court stated: A WPI of 40% when superimposed upon Mr. Desbiens paraplegia had grave consequences for his ability to function that are not adequately reflected by a WPI of 40%. Viewed in this manner, she was of the opinion that Mr. Desbiens had sustained a catastrophic impairment in the car accident. As Justice Spiegel stated: The drafters clearly intended the definition of CATASTROPHIC IMPAIRMENT to be inclusive rather than restrictive.
14 The Application: Do not simply fill in a form. In a multi-faceted injury, have a team of doctors do the completed form, preferably a team of doctors that are on CAT DACs. AVOID THE DELAY! Decisions under section 279(4.1) of the Insurance Act: How to obtain benefits on an urgent basis We all know of instances where an insurer will not approve benefits urgently required. There is a tendency to assume that once a requested benefit is in dispute, it will take a significant period of time to resolve, leaving accident victims without the care, treatment and benefits they urgently require. This is not the case.
15 Section 279(4.1) of the Insurance Act together with Section 65 of the Dispute Resolution Practice Code (3 rd ), specifically allows for urgently required benefits to be paid immediately pending a full determination of the merits at arbitration. It is possible, in certain instances, to use this process to obtain an arbitrator s order that the insurer pay the required benefits within one month of the insurer s denial. The Test To obtain an order that an insurer pay a disputed benefit before a full hearing on the merits has occurred, you must: 1. Prove that there is urgency connected to the receipt of the benefits. To satisfy these criteria, proper affidavit evidence must be obtained from qualified health care providers stating that any delay in the immediate provision of the benefits will, or could harm the person.
16 The Test 2. Prove that the benefits sought are provided for in the SABS and that the treatment and cost is reasonable and necessary. A great deal of time has been spent by the arbitrators determining if the burden of proof to satisfy the criteria above is prima facie or the more onerous test of very probable. A review of the decisions suggests that the urgency criteria appears to govern in most instances. Examples of interim orders being granted: 1. Brown v. Allstate Insurance Co. of Canada,  O.I.C.D. No. 144 The arbitrator ordered the insurer to pay all equipment costs, case manager fees, attendant care fees and numerous other amounts in order that Mr. Brown, an incomplete quadriplegic, could be discharged from hospital and return to his home. This interim order was made notwithstanding the fact that the insurer in this instance was not simply denying the benefit but denying that there was even a policy of insurance with Mr. Brown.
17 2. Federow v. Kingsway General Insurance Co.,  O.F.S.C.I.D. No In this matter, the arbitrator ordered that the insurer pay $ per day for Mr. Federow to attend at the Anagram Treatment Centre as a result of him urgently requiring rehabilitation. This order based on urgency was made 2 years and 3 months after Mr. Federow s car accident. 3. Singh v. Coseco Insurance, O.F.S.C.I.D. No. 33. In this matter, the arbitrator stated that additional grounds for an interim order could be the blatant disregard by the insurer of the requirements of the Schedule. The arbitrator stated that urgency does not mean that the person must be in desperate or extreme circumstances before being given assistance.
18 3. Singh v. Coseco Insurance, O.F.S.C.I.D. No. 33. In fact, in this arbitration, the arbitrator made an interim order that Mr. Singh s income replacement benefits be paid notwithstanding a dispute by the insurer - stating that the loss of a well-paying position would create a financial emergency in most families. The application for an interim order for benefits is under utilized. It is there for a reason and can efficiently avoid the institutional delay where benefits are urgently needed notwithstanding a dispute. Part #3 June 23, 2005
19 Rehabilitation Benefits - Housing The rehabilitation benefit shall pay for reasonable and necessary measures undertaken by an insured person to: 1. Reduce or eliminate the effects of any disability resulting from the impairment, or 2. Facilitate the insured person s reintegration into his or her family, the rest of society and the labour market. Section 15(5)(i) The rehabilitation benefit shall pay for all reasonable and necessary expenses incurred by or on behalf of the insured person as a result of the accident for a purpose referred to in subsection (2) for, (i) Home modifications and home devices, including communications aids, to accommodate the needs of the insured person, or the purchase of a new home if it is more reasonable to purchase a new home to accommodate the needs of the insured person than to renovate the insured person s existing home
20 Section 15(8) The amount of the rehabilitation benefit for the purchase of a new home shall not exceed the value of the renovations to the insured person s existing home that would have been required to accommodate the needs of the insured person What if you didn t own a home before the accident?
21 What if the home you did own cannot be modified? Wynn v. Belair Direct 2000 motor vehicle accident caused woman to be quadriplegic Women lived in a rented apartment Therapist s opinion that renovations would not enable her to maximize her potential with regard to independence and life satisfaction
22 Wynn v. Belair Direct The Court s opinion Renovations were not reasonably possible Cannot do analysis under s.15(8) Court ordered funding for a new home of $250,000 (based on houses in the area and renovation costs) Wynn v. Belair Direct Insurance company appeals the decision and asks for the Order to be delayed until the appeal is heard. The Court s decision (on the delay motion) You must determine what it will cost to renovate the pre-accident home even though the rented premises will not be renovated.
23 Case settled before the Appeal is ever heard How do we use this decision? Still arguable that if the pre-accident home cannot be modified, the insurer may be required to fund the cost of a new home without even taking into account the cost of renovating the preaccident home The cost of renovating the pre-accident home may well exceed the cost of purchasing a new renovated home Highlights the importance of the therapist s opinion that insured would not maximize her potential without an appropriately modified home
24 Drug Addiction and entitlement to No-Fault Benefits What happens when a patient suffers postaccident drug addiction how does that affect entitlement to benefits? McMichael v. Belair Man injured in a motor vehicle accident in 1998 Suffered skull fracture (no LOC), fractured femur, a broken rib, fractured scapula, facial abrasions, a broken bone is his left hand, TMJ displacement, crush fracture of T9 with 25% loss of vertebral height Post-accident he became an abuser of cocaine after he tried to return to work 4 month post-accident and failed Claimed that his cocaine abuse caused him to be catastrophically impaired, unable to work and requiring care Long history of sporadic cocaine use pre-accident
25 McMichael v. Belair The Arbitrator held: Were it not for his cocaine problems Mr. McMichael would not be considered catastrophic and could engage in some kind of employment The injuries are catastrophic because the cocaine abuse is a Marked Impairment He is entitled to attendant care in excess of $5,000 per month He is entitled to an ongoing income replacement benefit How do we use this decision? Drug addiction (whether a result of impaired impulse control or as a misguided attempt to self-meditate) is a direct consequence of the accident and therefore covered by the SABS
Motor Vehicle Accident Claims: What are your rights? If you or a loved one has been seriously injured in a motor vehicle accident, there are a number of critical decisions that must be made. Who will care
A Case Study Approach Presentation to Hamilton Health Sciences Centre s Acquired Brain Injury Program Slow to Recover Team March 03, 2008 INSURER-FUNDED MEDICAL, REHABILITATION AND ATTENDANT CARE SERVICES
Toronto ABI Network Conference 2014 Allstream Centre, Exhibition Place, Toronto November 20 and 21, 2014 CATASTROPHIC IMPAIRMENT: EARLIER DETERMINATION, FACTORING IN PREMORBID IMPAIRMENTS AND POST ACCIDENT
Have you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION If you have suffered a personal injury it is important to consider all potential sources of compensation. A personal
Your Guide to Recovery PERSONAL INJURY LAWYERS Committed to Your Future We will: Ensure all necessary notices are provided to maintain your claim and commence the action within the limitation period. Work
TR_Motorcycle_Kit_06-025 KitText.qxd 13-03-13 10:15 AM Page 1 InformatIon KIt for MOTORCYCLISTS Effective: November 1, 2012 What you need to know about your legal rights Personal Injury Litigators since
an accident occurring between November 1, 1996 and October 1, 2003, a catastrophically impaired edition, 1993, results in 55 per cent or more impairment of the whole person." This definition can a plaintiff
Copyright Lerners LLP HELPING YOU HELP YOUR PATIENTS: Learning about Insurance issues in MVA cases MOTOR VEHICLE ACCIDENT LEGISLATION 1. TORT CLAIMS 2. STATUTORY ACCIDENT BENEFITS 3. WHAT IS AN ACCIDENT
Accidents Happen Recover with Dye & Russell INFORMATION FOR ACCIDENT VICTIMS AND THEIR FAMILIES DR DYE & RUSSELL Personal Injury Lawyers ACCIDENTS HAPPEN Recover with Dye & Russell At Dye & Russell, we
MOTOR VEHICLE PERSONAL INJURY MANUAL for HEALTH CARE PROFESSIONALS Guidelines for health care professionals to assist patients with obtaining benefits as a result of injuries suffered in a motor vehicle
Our Personal Injury Guidebook Partnering with you on your road to recovery 2 Table of Contents Injured? You Must Take the Following Steps........... 3 Our Promise to Our Clients.................... 4 At
No-Fault Automobile Insurance By Margaret C. Jasper, Esq. Prior to the enactment of state no-fault insurance legislation, recovery for personal injuries sustained in an automobile accident were subject
VICTORIAN TRANSPORT ACCIDENT CLAIMS - A GUIDE TO YOUR ENTITLEMENTS This guide includes the following: What is a transport accident? Who is the TAC? How do I make a claim? When will I know if my claim has
CAR ACCIDENT GUIDE TABLE OF CONTENTS Page Introduction... 1 First Step... 1 Finding and Hiring a Lawyer... 1 Financial Arrangements... 2 Your Claim... 3 Documenting Your Claim... 5 Parties to the Claim...
The Law Society of Upper Canada October 18, 2007 ACCIDENT BENEFITS: RECENT CHANGES AND DEVELOPMENTS Richard M. Bogoroch, Melinda J. Baxter and Tripta S. Chandler Bogoroch & Associates REPRESENTING PERSONS
Our Personal Injury Guidebook Partnering with you on your road to recovery 2 Table of Contents Injured? You Must Take the Following Steps........... 3 Our Promise to Our Clients.................... 4 At
Accident Benefit R E P O R T E R Significant Legal Decisions Year 2000 in Review In this issue: Significant Legal Decisions Year 2000 in Review Leonard Kunka Partner A Thomson, Rogers Publication Volume
CUR CURWOODS NEWS BULLETIN Background Motor Accident Injuries Amendment Bill 2013 The NSW State Government tabled the Motor Accident Injuries Amendment Bill 2013 (the Bill) on 9 May 2013. The Bill purports
Prepared by: Barton L. Slavin, Esq. 1. Identify Insurance Company - On the Police Report there is a three digit code that identifies the insurance company for a vehicle. The following link will take you
NEW CHANGES TO AUTOMOBILE LEGISLATION INTRODUCTION When the original insurance law reforms were brought out back in 1990 and with each subsequent change, they have been led by fanfare from the government
AMENDMENTS TO THE AUTO INSURANCE REGULATIONS: ACCIDENT BENEFITS AND BILL 198 Introduction Earlier this year, the Progressive Conservative Government passed Bill 198 amending the Insurance Act. This represents
Bill 198 and the New SABS Thomson, Rogers presents: Adapting to the Changes in the Acute Care Setting Hamilton Health Science Centre March 21, 2003 David Neill, David MacDonald and Michael Bennett Thomson,
How Much Is My ICBC Claim Worth? Each ICBC claim is unique. The value of any ICBC claim will depend on a number of factors including who is at fault, the type of injuries and the effect of the injuries
CATASTROPHIC IMPAIRMENT: EARLIER DETERMINATION, FACTORING-IN PRE-MORBID IMPAIRMENTS AND POST-ACCIDENT POTENTIAL DETERIORATION FEBRUARY 4, 2015 MEDICO LEGAL SOCIETY OF TORONTO DAVID F. MACDONALD* Thomson,
New South Wales Workers Compensation Amendment (Transitional) Regulation 2012 under the Workers Compensation Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the
This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp.~l' ''''d:.,j i.;'~\;
SETTLEMENT DISCLOSURE NOTICE Final Settlement of a Statutory Accident Benefits Claim Bill 164 (For accidents between January 1, 1994 and October 31, 1996) NOTICE AND CAUTION Your insurer is required to
SUPREME COURT OF NOVA SCOTIA Citation: Webber v. Boutilier, 2016 NSSC 5 Date: 20160105 Docket: Hfx No. 241129 Registry: Halifax Between: Cindy June Webber v. Plaintiff Arthur Boutilier and Dartmouth Central
A GUIDE FOR PEOPLE INJURED IN A MOTOR VEHICLE ACCIDENT CONTENTS General information 02 Early payment of expenses 03 The Accident Notification Form (ANF) 03 Who can make a claim Other driver or owner at
Welcome to the World of the SABS - Out with the PAF in with the MIG: A review of the Application of the Minor Injury Guideline in SABS Claims by Marie T. Clemens On September 1, 2010, Ontario Regulation
LAWYERS New South Wales & Victoria Transport Accident Commission (TAC) Claims FREQUENTLY ASKED QUESTIONS What is a transport accident? A transport accident is an incident directly caused by a motor car
Understanding Automobile Insurance and Rehabilitation in Ontario: Common Sense Definitions and Explanations clinical excellence human focus 15 Barrie Blvd., St. Thomas, ON N5P4B9 Ph: 519-637-0981 Fx: 519-637-6997
ACCIDENT BENEFIT CONTINGENCY FEE RETAINER AGREEMENT This contingency fee retainer agreement is B E T W E E N : Bogoroch & Associates LLP Sun Life Financial Tower 150 King Street West, Suite 1707 Toronto,
ILARS POLICY Funding of applications by injured workers to pursue claims for compensation Introduction This WIRO Policy sets out the circumstances in which the Independent Legal Assistance and Review Service
Accident Benefit R E P O R T E R Changes to Ontario Auto Insurance In this issue: Changes to Ontario Auto Insurance Overview Of Regulatory Changes Changes to The Definition of Catastrophic Impairment Regulatory
Accident Benefits Coverage in Ontario June 2007 Accident Benefits Coverage in Ontario Table of Contents If You Are in a Car Crash...1 Specified Benefits...3 Death and Funeral Payments...7 Medical, Rehabilitation
ACCIDENT BENEFITS COVERAGE IN ONTARIO CAR INSURANCE VISIT IBC.CA Accident Benefits Coverage in Ontario Contents If You Are in a Motor Vehicle Collision...2 Specified Benefits...4 Death and Funeral Payments...8
Personal Injury Motor Vehicle Litigation: SABS and Tort Shauna K. Powell, Lerners LLP The purpose of this paper is to provide a general overview of the tort and the Statutory Accident Benefits Schedule
ACCIDENT BENEFITS - THIS YEAR S TOP CASES IN REVIEW THE 7 TH ANNUAL ADVOCACY CONFERENCE Presented by: THE HAMILTON LAW ASSOCIATION Prepared by: A. Jarvis Scott Hughes, Amys LLP One King Street West Suite
240 CANBERRA LAW REVIEW [(2011) THE CASE FOR COMPULSORY THIRD PARTY INSURANCE REFORM IN THE AUSTRALIAN CAPITAL TERRITORY JON STANHOPE Sixty years ago, on 14 November 1947, Herbert Victor Johnson, Minister
Discussion Paper Concerning the Cap on Pain and Suffering Awards for Minor Injuries Office of the Superintendent of Insurance January, 2010 Introduction The Province of Nova Scotia regulates automobile
DEFINING CATASTROPHIC IMPAIRMENT: ADVANCED RESEARCH IN SABS 1 Dina Mejalli, Greg Monforton and Partners The implementation of the new Statutory Accident Benefits Schedule ( SABS ) 2 on September 1, 2010,
EVER ESCALATING CLAIMS: THE EVOLVING AUTO INSURANCE PRODUCT STRESSES ON THE SYSTEM By: Catherine Korte For those of you who self insure, let s say the first million. For those of you who own fleets. For
Where to Begin 1 Contents What You Need to Know Once You ve Been Injured 2 The People Playing a Role in Your Recovery 5 Why You Need a Personal Injury Lawyer 8 Frequently Asked Questions 11 Recovery Diary
Road Accident Fund Act 56 of 1996 (RAFA) Topic: Roads and Public Liability IN A CALABASH Introduction Road transportation is the major mode of transportation in South Africa. Despite a number of road laws
Ontario Car Accident Insurance Car Accident Insurance in Ontario I was injured in a car accident. What insurance is available to assist me as I recover? There are possibly two main sources of compensation
A Catastrophe In The Making? An examination of the proposed changes to the definition of Catastrophic Impairment Rehabilitation and Life Care Planning Symposium April 11 & 12, 2013 Greg Monforton Brian
5. Must make a motion to obtain an order of attachment a. Affidavit submitted in support of attachment motion must show that one of plaintiff s causes of action fall into one of the five categories above.
New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other
STATES OF JERSEY r DRAFT MOTOR TRAFFIC (THIRD- PARTY INSURANCE) (COST RECOVERY) (JERSEY) REGULATIONS 201- Lodged au Greffe on 13th December 2012 by the Minister for Health and Social Services STATES GREFFE
Workers guide to workers compensation Guide www.worksafe.nt.gov.au Disclaimer This publication contains information regarding workers rehabilitation and compensation. It includes some of your obligations
Form 1.03 July 9, 2014 MOTOR VEHICLE COLLISION SUMMARY ADVICE FORM TO: (Name) (Address) FROM: KUBITZ & COMPANY Lawyers 1716 10 th Avenue S.W. Calgary, Alberta T3C 0J8 (City, Province, Postal Code) Home
Summary: The new Statutory Accident Benefits (SABs) are slated to come into effect on September 1, 2010. The new SABs represent a significant cut in the benefits available to injured parties. In some cases,
Financial Services Commission of Ontario Commission des services financiers de l Ontario July 2003 CODE OF CONDUCT FOR STATUTORY ACCIDENT BENEFIT REPRESENTATIVES Issued by the Superintendent of Financial
APPENDIX 2A Sample Initial Letter Dear [name]: Re: Motor Vehicle Accident Please read this letter carefully and retain it in your file, as it contains important information about your claim and the basis
English Civil Law and the Foreign Motorist Justice or a Lawyer s Lunch? Agenda Basic Principles The Civil Procedure The Claim - Practice Basic principles English Law is based on precedent - what courts
Arkansas Workers Compensation Questions & Answers What is Workers' Compensation? Arkansas' no-fault com pensation law was created by an initiated act in 1939 to guarantee prom pt, automatic benefits to
4th SESSION, 64th GENERAL ASSEMBLY Province of Prince Edward Island 63 ELIZABETH II, 2014 CHAPTER 36 (Bill No. 46) An Act to Amend the Insurance Act (No. 2) Honourable Janice A. Sherry Minister of Environment,
DISABILITY CLAIM APPLICATION FORMS For Standard / Partial Payment and Dismemberment Plans INSTRUCTIONS ALL OF THE FOLLOWING PROPERLY COMPLETED FORMS ARE ESSENTIAL TO THE PROMPT PROCESSING OF YOUR DISABILITY
Recent Case Update VOL. XXII, NO. 2 Summer 2013 Insurance Summary Judgment Stacking UIM Saladin v. Progressive Northern Insurance Company (Court of Appeals, 12 AP 1649, June 4, 2013) On August 26, 2010,
A Layman's Guide To ICBC Part 7 Benefits Prepared for MADD Revised January 2015 This guide was initially prepared in February, 2005 at the request of MADD to provide a layman's guide to ICBC No-fault/Part
A GUIDE TO WORKERS COMPENSATION IN NEW YORK If you live or work in New York State and suffer a work-related injury, illness or disability, you may be eligible for workers' compensation benefits. This summary
BETWEEN: TRACY SCHUTT Applicant and ALLSTATE INSURANCE COMPANY OF CANADA Insurer DECISION ON A PRELIMINARY ISSUE Before: Heard: Appearances: Joyce Miller Written submissions from both parties were received
Executive Summary The Coalition of Health Professional Associations in Automobile Insurance Services (Coalition) represents over 10,000 front line health professionals from ten regulated health professions
Changing Tort Reform In Kentucky Christel Siglock By changing its current No-Fault and Tort law options, Kentucky could; 1) Reduce the number of lawsuits filed, 2) Thus reducing insurance company payouts
Facts About Maine s Workers Compensation Laws Revised December, 2015 The Maine Workers Compensation Board prepared this guide to help you understand Maine s workers compensation system. This guide attempts
SOG/DGL, CH, JB Page 1 of 6 Automobile Negligence Lawsuits Who Is Sued? Driver the driver is the person whose negligence gives rise to the liability. The person suing must prove that the driver negligently
1 PERSONAL INJURIES PROCEEDINGS BILL 2002 EXPLANATORY NOTES General Outline Purpose of legislation The main purpose of this Act is to facilitate the ongoing affordability of insurance through appropriate
September 2014 Issue Brief Auto Insurance Reducing Auto Insurance Costs and Improving Access Mental Health Services Objective Reducing auto insurance costs and premiums while improving access to treatment
This submission is on behalf of The Canadian Association of Direct Response Insurers (CADRI) in regard to the consultation on Part VI of the Insurance Act - the review of Ontario s automobile insurance
Session 1 Operation of the Auto Insurance System in Canada s Provinces Marie-Hélène Malenfant, FCIA, FSA Director of actuarial liability valuation, SAAQ Before 1978 28% of injured were not compensated;
WORKERS' COMPENSATION BENEFITS Claims Between January 1, 1990 and December 31, 1997 The following information relates to workers injured on the job between January 1, 1990 and December 31, 1997. Accidents
BRAIN INJURY SERVICES OF HAMILTON November 2, 2005 ADVOCATING FOR THE BRAIN-INJURED INDIVIDUAL: A STEP-BY-STEP APPROACH TO NAVIGATING THE INSURANCE MAZE AND TO OBTAINING JUSTICE FOR THE BRAIN-INJURED SURVIVOR
EXECUTIVE SUMMARY Proposed "WORKERS' COMPENSATION REFORM ACT OF 2001 Recommended by Associated Industries Of Florida There is a major crisis looming on the horizon on the Florida's Workers'' Compensation
Search GO LOGIN LOGOUT HOME JOIN ALEC CONTACT ABOUT MEMBERS EVENTS & MEETINGS MODEL LEGISLATION TASK FORCES ALEC INITIATIVES PUBLICATIONS NEWS Model Legislation Civil Justice Commerce, Insurance, and Economic
C.M. Haughey Solicitors Compensation Guide www.cmhaugheysolicitors.ie Athena Goddess of Wisdom, Strength and Strategy. When your experience needs our experience About Us C. M. Haughey Solicitors, located
Motor Accidents Compensation About MAC, the benefits and how to claim Information is current as at February 2012 Contact Us Phone: 1300 301 833, then choose Option 3 Monday to Friday: 8.30am 5.00pm Email:
5 FUNDAMENTALS OF UNCOMPROMISING ADVOCACY By Anthony Castelli Auto Accident and Personal Injury Attorney INTRODUCTION If you ve been seriously harmed in a car accident, getting a fair settlement can be