Insurance Bulletin. The Court has its Say! Assessment of General Damages Under the Civil Liability Act (Qld) May 2005
|
|
- Gwenda Townsend
- 8 years ago
- Views:
Transcription
1 Insurance Bulletin The Court has its Say! May 2005 Assessment of General Damages Under the Civil Liability Act (Qld) This is the first occasion in Queensland where the quantum provisions of the CLA have been tested in the courts... it may be that plaintiff lawyers will gain some confidence from the decision. The Civil Liability Act 2003 (QLD) (CLA), combined with the costs implications of the Personal Injuries Proceeding Act (PIPA), seems to have put a significant dent on the willingness of plaintiff lawyers to undertake speculative claims for relatively minor personal injuries. We have previously expressed the view that this combination was a likely reason why there had been such a significant drop off in injury claims. On its face, the damages provisions and categories of injury scale valves (ISV s) of the CLA appeared so clear that we expressed the view that there was doubt as to whether plaintiff lawyers would be prepared to chance their arm and speculate claims for relatively minor injuries as there was little or no financial incentive for them to do so. In fact, there was the prospect that to act in such claims would be unprofitable. A recent decision of the District Court of Queensland at Rockhampton in Rosemary Lee Coop v Benjamin Joseph Johnston and Suncorp Metway Limited [2005 QDC 079], delivered on the 24 March 2005, may change all that. The District Court deals with the bulk of injury claims in Queensland. The decision is currently listed for Appeal, but we do not know whether the Appeal will proceed. Introduction This case involved a young woman who suffered what appeared to be relatively minor injuries, the most significant of which was a minor whiplash (assessed by the defendant s medical expert as having a zero impairment on the AMA 5 scale). At the time of the incident, she was taken to hospital, but released shortly after, and prescribed analgesics. The Plaintiff had a poor work history and had only been employed for 14 months over a period of some 14 years between 1988 and 2002 (her entire working life). In this recent case, the plaintiff was awarded damages totalling almost $75,
2 How this result was reached is set out in summary below. What is apparent is the court s willingness to exercise its discretion to exceed the maximum ISV s allowed by the CLA. In this instance, the dominant injury, if assessed on its own, would have been allowed an ISV of 10. However, when combined with the multiple injuries, the maximum ISV of 13 was allowed, which was then increased to ISV 16 to reflect discretionary matters granted to the court by the CLA itself. If the judgement is not overturned on appeal, and if later decisions adopt the same methodology, it is possible that awards of general damages for pain and suffering under the new legislation could approach common law damages levels prior to the passing of the CLA and PIPA. Facts The plaintiff was born on 22 March 1973 and sustained injuries in an accident which occurred on 10 December At the time of trial on the 25 January 2005, the plaintiff was aged 31 and she was 29 years of age as at the date of the accident. Liability was admitted and the case was argued on quantum only. The injuries occurred as a result of a motor vehicle accident about 7 kilometres south of Gympie. The plaintiff and her sister noticed some stationery vehicles on the highway with their hazard lights operating and there was a tree across the roadway. As a result, the plaintiff s sister stopped her car and the plaintiff got out to render assistance. She was standing in front of a vehicle which was facing south when a station sedan driven by the first defendant collided with the tree and thereafter with the vehicle in front of which the plaintiff was standing. It then struck the plaintiff, throwing her onto its windscreen and, as a result, she suffered injury. The plaintiffs injuries appeared to be quite minor. According to the records of the Gympie Hospital, the plaintiff complained of pain to the right side of her face and nose and her left hip. A slight nose bleed was noted. Bruising was noted over the lateral aspect of the mid shaft of the left humerus but no fracture was seen. Facial bruising was noted on the left face and a small scratch was seen on the left side of the nose. However there were no breathing difficulties noted. On examination to the left elbow, no abnormality was detected. Xrays were performed which revealed no fracture of the hip or femur. The Plaintiff was prescribed analgesia and discharged. While the plaintiff suffered multiple injuries, (all accidents are likely to have this result to some extent) all would appear to have been relatively minor. We have summarised each of the injuries and the findings made by the court, as this is important in understanding how the ISV s prescribed under the legislation have been interpreted. Nose Subsequent x-rays showed a small fracture of the nasal bone with minimum displacement. While there was some argument as to whether this injury was caused by the accident or whether it could be attributed to the plaintiff being punched in the face 2
3 on a previous occasion, the court found that it was the accident that caused the injury. Minor Orthopaedic Injuries The court found that the plaintiff suffered a soft tissue injury to the area of her left hip as well as bruising to the left side of her face and a small scratch on the left side of her nose, bruising over the lateral aspect of the mid shaft of the left humerus. The court found that all of those injuries resolved quickly and that with exception of some minor scarring noted by Dr Matthews, the plaintiff suffered no residual disability from those injuries. Left Wrist The plaintiff asserted that she suffered an injury to the left wrist in the nature of a lump described as a ganglion. While noting that such conditions might arise spontaneously, (it arose quite some time after the accident) the court found that it was due to the accident. The plaintiff s medical specialist assessed a permanent impairment (after referring to the American Medical Association Guides, 5 th Edition) as 10% of the left wrist, converting to 6% of the left arm and 4% of the whole person. However, the doctor said that with treatment the Plaintiff should be left with very little, if any, impairment. Neck Pain & Headaches According to the plaintiff, the symptoms which caused her most difficulty were neck pain and headaches. The plaintiff s medical specialist diagnosis was a whiplash injury. He said that the neck problems might improve a little, up to a year or so post injury, but that by and large where a patient has problems three months post injury these do not get much better and he opined that the plaintiff s neck condition might be considered stationery and stable. The plaintiff s medical specialist assessed permanent impairment in relation to plaintiff s neck as 5% of the whole person, assessed under Diagnosis Related Estimated Cervical Category 2 table 15-5, page 392 of The American Medical Association Guides, 5 th Edition. The defendant s medical specialist expressed the opinion that the accident described by the plaintiff has resulted in a number of soft tissue injuries, the most significant of which was persisting discomfort in the cervical region. However, he said that as there were no neurological deficits or any radicular symptoms, her cervical condition was assessed as a DRE Cervical Category 1, with a 0% permanent impairment. (The defendant s medical specialist was referring to the American Medical Association Guides to the Evaluation of Permanent Impairment, 5 th Edition, the same as the plaintiff s specialist). It seemed common ground from both medical experts that the plaintiff was fit for normal work and that she should be able to work to normal retiring age although the plaintiff s expert qualified this by saying that she should avoid repetitive movements with her left wrist and /or getting into confined spaces due to injury to her neck. Assessment of Quantum under the CLA 1. The Judgment refers in great detail to the relevant sections and regulations prescribed by the CLA which a court must observe in assessing damages. 3
4 2. The Court found that the injuries suffered by the plaintiff were as follows:- soft tissue injury to left hip/thigh; soft tissue injury consisting of bruising to lateral aspect of mid-shaft of left humerus; soft tissue injury consisting of bruising to left side of face; soft tissue injury consisting of a small scratch to the left side of the face; cervical spine injury; ganglion to left wrist; displaced fracture of the nose. 3. It is clear that the plaintiff suffered multiple injuries, most of which were minor, resolving over a very short space of time. 4. Section 3 of Schedule 3 of the Regulation provides that in assessing the ISV for multiple injuries, a court must consider the range of ISV s for the dominant injury of the multiple injuries. To reflect the level of adverse impact of multiple injuries on an injured person, the court may assess the ISV for the multiple injuries as being higher than in the range of ISV s for the dominant injury of the multiple injuries than the ISV the court would assess for the dominant injury only. 5. Schedule 7 of the Regulation defines dominant injury as the injury of the multiple injuries having the highest range. Section 8 of Schedule 3 of the Regulation refers to Schedule 4 which sets out provisions relevant to using Schedule 4 to assess an ISV for particular injuries. However, Section 8 of Schedule 3 (3) states that the fact that Schedule 4 provides examples of factors affecting an ISV assessment is not intended to discourage a court from having regard to other factors it considers are relevant in a particular case. These words give the courts significant discretion. Methodology adopted by the Court The court took the view that its first task in relation to each injury was to make a determination as to which injury in the injury column of Schedule 4 most closely describes the injury suffered by the plaintiff. However, the court emphasis that until a determination was made as to which is the dominant injury it was unnecessary to assess an actual ISV in relation to any particular injury. Each of the injuries found by the Court were dealt with in order:- soft tissue injury to the left hip/thigh; - the court conceded that on any view of the matter, the injury suffered by the plaintiff was a very minor one. Part 6 Division 9 of Schedule 4 deals with pelvis or hip injuries. Item 128 is minor pelvis or hip injury. The example given for this injury is an an uncomplicated fracture which the plaintiff here certainly did not have. The court found that the soft tissue injury suffered by the plaintiff may be assessed as an item 128 injury for which the range of ISVs is 0 to 10. The court was satisfied that the injury suffered by the plaintiff was not so minor as to not justify any award of general damages. An actual ISV was not assigned. 4
5 soft tissue injury to left humerus; - item 124 is for a minor upper limb injury. The court assessed this injury as an item 124 injury for which the range of ISVs is 0 to 5. Again, no actual ISV was assigned. soft tissue injury to face; - item 17 is for a minor facial injury. The examples given were for fractures or other much more serious injuries than the bruising suffered by the plaintiff. The court found that there is no injury in Schedule 4 which provides an ISV where there is merely bruising to the face. Importantly, while the court found that this injury was not severe enough by itself to justify any award of general damages, it found that the fact that the plaintiff had suffered this injury is a matter which may be taken into account pursuant to section 9 of Schedule 3 of the Regulation. (ie. In assessing an ISV, a court my have regard to other matters to the extent they are relevant in a particular case). Scratch to the face; - item 22 is for minor facial scarring. The court applied this item and found that the small scratch to the left side of the nose falls within Item 22 for which the range of ISVs is 0 to 5. Cervical spine injury; - part 6 Division 1 of Schedule 4 relates to cervical spine injuries. The court noted that if it were not for the applicability of CLA to the assessment of the plaintiffs damages, this injury would clearly be the most significant of the plaintiffs injuries and it would present little difficulty for the court. The defendants argued that their medical evidence ought to be accepted and if so, this would lead to the injury being assessed as one within Item 89 minor cervical spine injury for which the range of ISVs is 0 to 4. The plaintiffs argued that their medical evidence ought to be accepted and if so, that this would lead to the injury being assessed as one within Item 88 moderate cervical spine injury soft tissue injury for which the range of ISVs is 5 to 10. After considerable discussion, the court concluded that item 89 which diagnosed minor as whip lash injury was not appropriate as there was evidence of ongoing symptoms, and it was simply not merely a nuisance. The court therefore accessed the cervical spine injury to be an item 88 injury for which the range of ISV s is 5 to 10. Ganglion to left wrist; - the court concluded that item 108 minor wrist injury was the appropriate item under which to access the Ganglion. The court therefore allocated an ISV range of 0 to 5. Displaced fracture of nose; - The court assessed this to be an item 16 injury moderate facial injury. One of the examples given of such an injury is a displaced fracture of the nasal complex from which the injured person will almost fully recover after surgery. The court found that the nasal fracture was therefore an item 16 injury for which the range of ISV s is 6 to 13. 5
6 Assignment of ISV The court concluded that the dominant injury was therefore the item 16 injury (the nasal fracture), as it was this injury which had the highest ISV rating. (Notably, this injury had almost no impact on the plaintiff s life). Pursuant to Section 3 of Schedule 3 then, the ISV for the plaintiff s multiple injuries is within the range of 6 to 13 (Section 3 (1) states subject to Schedule 4, in assessing the highest ISV for multiple injuries, a court must consider the range of ISV s for the dominant injury of the multiple injuries). The court accepted that this was a surprising result because on any view of the evidence, the most significant of the injuries was the cervical injury. The court noted that subject to Section 4 of Schedule 3, the maximum ISV which may be assessed for the plaintiff s multiple injuries is therefore 13. The court went on to say that pursuant to Section 3 (2) of Schedule 3, the court may assess the ISV for multiple injuries as being higher in the range of ISV s for the dominant injury than the ISV the court would assess for the dominant injury alone. The court noted that if it were assessing the nasal injury alone, it would assess the ISV towards the middle of the range, and that an ISV of 10 for the nasal injury alone would be adequate. The court noted however because the cervical spine injury was of some significance, it would be appropriate to assess a higher ISV for the multiple injuries than for the dominant injury alone. The court also noted that Section 4 of Schedule 3, dealing with multiple injuries, allows the court to consider the ISV above the maximum ISV allowable for the dominant injury if it considers the level of adverse impact of multiple injuries on an injured person to be so severe that the maximum dominant ISV is inadequate to reflect the level of impact. The section provides that this should be rarely more than 25% higher than the maximum dominant ISV and that if more of 25% of the maximum dominant ISV was allowed, the court must give detailed written reasons for the increase. The court found that the level of adverse impact of the plaintiff s multiple injuries was so severe that an ISV of 13 (the maximum dominant ISV) was inadequate to reflect the level of impact. The court took into account the pain and suffering of the plaintiff and her loss of amenities of life as well as the fact that she was still a relatively young woman with a normal life expectancy. In those circumstances, the court assessed the ISV for the multiple injuries at 16. Assessment of Damages In summary, the plaintiff s damages were assessed by the court as follows: 6
7 General Damages $19, Interest on $9, at 2% for 2.3 years $ (section 60 of the CLA did not apply to the accident as the accident occurred prior to the date of assent on 9 April 2003) Past loss of earning capacity $9, Loss of Superannuation (Past) $ Future loss of earning capacity (Global) $30, Loss of Superannuation (Future) $2, Special Damages $1, Interest on $ at 2.735% for 2.3 $45.00 years Future Surgery - Nasal Surgery $2, Ganglion Surgery $2, Future Pharmaceuticals $4, TOTAL $73, It may be that plaintiff lawyers will gain some confidence from the decision, and in the longer term, will be more disposed to press their clients claims. Dennis Cronin Partner Conclusion This is the first occasion in Queensland where the quantum provisions of the CLA have been tested in the courts. While it is a District Court decision, and we are unsure whether the appeal will proceed, it gives some guidance as to how the courts are likely to apply the CLA provisions in Queensland. For more information please contact: Dennis Cronin Partner Jamie McPherson Partner Tracey Martin Senior Associate Ed Zappert Senior Associate dcronin@clslawyers.com.au jmcpherson@clslawyers.com.au tmartin@clslawyers.com.au ezappert@clslawyers.com.au Level 3, 200 Mary Street Brisbane Queensland 4000 GPO Box 3269 Brisbane Queensland CLS Lawyers respects your privacy and allows only limited use or disclosure of your personal information. Our privacy policy is available on request. This publication is not legal advice. Legal advice should be sought by you before applying any of the information. If you do not wish to receive this publication in the future or if you would like to receive other publications, please us at publications@clslawyers.com.au. CLS Lawyers
The Queensland and South Australian Injury Scale Value (ISV) Schemes: a comparison
24/03/2 The Queensland and South Australian Injury Scale Value (ISV) Schemes: a comparison Simon R Grant LLB LLM (QUT) Slide No.2 of 478 1 24/03/2 In the beginning Common Law Motor Accident Insurance Act
More informationWORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1602/11
WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1602/11 BEFORE: M. M. Cohen: Vice-Chair HEARING: August 16, 2011 at Toronto Written DATE OF DECISION: August 23, 2011 NEUTRAL CITATION: 2011
More informationSAINT VINCENT AND THE GRENADINES IN THE HIGH COURT OF JUSTICE CIVIL SUIT NO: 571 OF 1998 BETWEEN: and. Cameron Veira And Veira Agencies Ltd
SAINT VINCENT AND THE GRENADINES IN THE HIGH COURT OF JUSTICE CIVIL SUIT NO: 571 OF 1998 BETWEEN: Halley Glasgow Plaintiff and Cameron Veira And Veira Agencies Ltd Defendant Appearances: Mr.. Joseph Delves
More informationLEVEL 4 - UNIT 7 INTRODUCTORY CONSIDERATIONS FOR PERSONAL INJURY LAWYERS SUGGESTED ANSWERS - JANUARY 2015
LEVEL 4 - UNIT 7 INTRODUCTORY CONSIDERATIONS FOR PERSONAL INJURY LAWYERS SUGGESTED ANSWERS - JANUARY 2015 Note to Candidates and Tutors: The purpose of the suggested answers is to provide students and
More informationWORKCOVER DIVISION Case No.C12401789 --- S GARNETT MELBOURNE REASONS FOR DECISION ---
!Undefined Bookmark, I IN THE MAGISTRATES COURT OF VICTORIA AT MELBOURNE WORKCOVER DIVISION Case No.C12401789 ZIVKA SAPAZOVSKI Plaintiff v ONE FORCE GROUP AUSTRALIA PTY LTD Defendant --- MAGISTRATE: S
More informationMEDICAL REPORT AB/12/FGH/679 SOLICITOR'S REF. INSTRUCTIONS FROM Jones and Jones Solicitors. John Finton CLIENT'S NAME
MEDICAL REPORT SOLICITOR'S REF AB/12/FGH/679 INSTRUCTIONS FROM Jones and Jones Solicitors CLIENT'S NAME ADDRESS John Finton 98 Prescot Road, Macclesfield, Cheshire DOB 10 January 1978 DATE OF ACCIDENT
More informationWorkplace Health, Safety & Compensation Review Division
Workplace Health, Safety & Compensation Review Division WHSCRD Case No: 13277-12 WHSCC Claim No: 633272 Decision Number: 14132 Lloyd Piercey Review Commissioner The Review Proceedings 1. The review took
More informationMEDICAL REPORT ACC/675/413 SOLICITOR'S REF. Smith and Smith Solicitors INSTRUCTIONS FROM. Janet Jones CLIENT'S NAME
MEDICAL REPORT SOLICITOR'S REF INSTRUCTIONS FROM CLIENT'S NAME ADDRESS ACC/675/413 Smith and Smith Solicitors Janet Jones 18 Cross Drive, Cheadle Hulme, Cheadle DOB 09 August 1955 DATE OF ACCIDENT 01 September
More informationWorkplace Health, Safety & Compensation Review Division
Workplace Health, Safety & Compensation Review Division WHSCRD Case No: 14152-06 WHSCC Claim No: 606499 and 791748 Decision Number: 14147 Lloyd Piercey Review Commissioner The Review Proceedings 1. The
More informationCosts Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett
Costs Payable in Personal Injury Claims under the Various Legislative Regimes by Paul Garrett I was asked to deliver a paper in relation to costs which are payable under the various regimes where claimants
More informationClosed Automobile Insurance Third Party Liability Bodily Injury Claim Study in Ontario
Page 1 Closed Automobile Insurance Third Party Liability Bodily Injury Claim Study in Ontario Injury Descriptions Developed from Newfoundland claim study injury definitions No injury Death Psychological
More informationProving Causation and Damages in Spinal Fusion Cases
Page 1 of 7 Ben Brodhead on proving causation and damages in spinal fusion cases. Friend on Facebook Follow on Twitter Forward to a Friend Proving Causation and Damages in Spinal Fusion Cases By: Ben C.
More informationWorkplace Health, Safety & Compensation Review Division
Workplace Health, Safety & Compensation Review Division WHSCRD Case No: 13252-11 WHSCC Claim No.(s): 604016, 611050, 672511 705910, 721783, 731715, 753775, 784014, 831110 Decision Number: 14189 Marlene
More informationCAR ACCIDENT GUIDE TABLE OF CONTENTS
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...
More informationLiability is admitted
IN THE SUPREME COURT OF BRITISH COLUMBIA Date 20080222 Docket M062030 Registry Vancouver Between Sakina Jah Plaintiff And Sik L Cheung Defendant Before The Honourable Madam Justice Bennett Oral Reasons
More informationMcLennan Ross LLP January 2012
TMJ INJURIES AND THE SOFT TISSUE INJURY CAP IN ALBERTA by Alexis Moulton, Partner, Insurance & Risk Management Plaintiff and Defence counsel alike were eagerly awaiting Justice Shelley s decision in Sparrowhawk
More informationDocument hosted at http://www.jdsupra.com/post/documentviewer.aspx?fid=2066f4aa-63a1-461f-a364-221d2e99642d
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
More informationFACT PATTERN ONE. The following facts are based on the case of Bedard v. Martyn [2009] A.J. No. 308
FACT PATTERN ONE The following facts are based on the case of Bedard v. Martyn [2009] A.J. No. 308 The infant plaintiff developed a large blood clot in his brain at some time either before or during the
More informationHow To Get Compensation From A Jury In Qld
Personal Injury Self Help Kit Supported by The purpose of this kit This kit has been developed to help people pursue public liability personal injury claims, where the injury sustained is due to another
More informationTHE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 7 INTRODUCTORY CONSIDERATIONS FOR PERSONAL INJURY LAWYERS * SUPPORTING MATERIALS
14 January 2015 Level 4 INTRODUCTORY CONSIDERATIONS FOR PERSONAL INJURY LAWYERS Subject Code L4 7 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 7 INTRODUCTORY CONSIDERATIONS FOR PERSONAL INJURY LAWYERS
More informationWorkers Compensation Update
Workers Compensation Update June 2010 Workplace Law Queensland is a division of Overview 1. Objectives of the Amendments and the History of The Workers Compensation and Rehabilitation Act 2003 ( The Act
More informationDECISION NUMBER 749 / 94 SUMMARY
DECISION NUMBER 749 / 94 SUMMARY The worker suffered a whiplash injury in a compensable motor vehicle accident in May 1991. The worker appealed a decision of the Hearings Officer denying entitlement when
More informationSOUTH DAKOTA DEPARTMENT OF LABOR DIVISION OF LABOR AND MANAGEMENT
SOUTH DAKOTA DEPARTMENT OF LABOR DIVISION OF LABOR AND MANAGEMENT GREG STURTZ, HF No. 277, 2000/01 Claimant, v. DECISION YOUNKERS, INC., Employer, and LIBERTY MUTUAL INSURANCE CO., Insurer. This is a workers
More informationCommon law applies. Generally calculated at 9% of Past Economic Loss. Interest recoverable on the net loss i.e. less refunds.
National Round-up: Damages ACT General Damages Motor Vehicle WorkCover Public Liability Medical Negligence Common law applies, and s99 Civil Law (Wrongs) Act 2002 (CLWA) as to previous decisions of Court
More informationIn The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-00561-CV. ROBERT MILLER, Appellant V. MATTHEW AARON CHURCHES, Appellee
AFFIRM; and Opinion Filed December 11, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00561-CV ROBERT MILLER, Appellant V. MATTHEW AARON CHURCHES, Appellee On Appeal from the
More informationCommonwealth of Kentucky Workers Compensation Board
Commonwealth of Kentucky Workers Compensation Board OPINION ENTERED: March 25, 2014 CLAIM NO. 201166969 REBECCA MAHAN PETITIONER VS. APPEAL FROM HON. R. SCOTT BORDERS, ADMINISTRATIVE LAW JUDGE PROFESSIONAL
More information.org. Fractures of the Thoracic and Lumbar Spine. Cause. Description
Fractures of the Thoracic and Lumbar Spine Page ( 1 ) Spinal fractures can vary widely in severity. While some fractures are very serious injuries that require emergency treatment, other fractures can
More informationRange of Injury Scale Values
Range of Injury Scale Values Civil Liability Regulations 2014 SCHEDULE 4 Range of Injury Scale Values (summary) Item Injury ISV Range Part 1-Central Nervous System and Head Injuries 1 Quadriplegia 75 100
More informationDECISION NO. 1708/10
B. Kalvin WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1708/10 BEFORE: B. Kalvin : Vice-Chair HEARING: September 9, 2010 at Toronto Oral DATE OF DECISION: September 15, 2010 NEUTRAL CITATION:
More informationMOTOR INJURY SCHEME ACCIDENT ASSESSMENT
MOTOR ACCIDENT INJURY ASSESSMENT SCHEME Foreword by Accreditation Panel Chair It is a pleasure to welcome you to the South Australia s Motor Accident Injury Assessment Scheme (MAIAS), as established in
More informationBEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION
BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION DONALD BRYAN SMITHHISLER Claimant VS. LIFE CARE CENTERS AMERICA, INC. Respondent Docket No. 1,014,349 AND OLD REPUBLIC INSURANCE
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS JON PAUL HEWITT, a Minor, by his Next UNPUBLISHED March 25, 2003 and Plaintiff-Appellant, DOMINIC HEWITT, a Minor, by his Next Friend, RENEE HEWITT, Plaintiff, v No.
More informationClinical guidance for MRI referral
MRI for cervical radiculopathy Referral by a medical practitioner (excluding a specialist or consultant physician) for a scan of spine for a patient 16 years or older for suspected: cervical radiculopathy
More informationBILL 198 AND THE THRESHOLD. L. Russell Hatch Blaney McMurtry LLP 416.593.3920 rhatch@blaney.com
BILL 198 AND THE THRESHOLD L. Russell Hatch Blaney McMurtry LLP 416.593.3920 rhatch@blaney.com BILL 198 AND THE THRESHOLD In October 2003, the Ontario government passed Bill 198 as the successor to Bill
More informationConcerning the Cap on Pain and Suffering Awards for Minor Injuries
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
More informationTOP 10 MOST COMMON MISTAKES MADE IN HANDLING YOUR OWN INJURY CLAIM
TOP 10 MOST COMMON MISTAKES MADE IN HANDLING YOUR OWN INJURY CLAIM More times than not, your personal injury claim will be a battle with an insurance company. A highly trained adjuster will be assigned
More informationSymptoms and Signs of Irritation of the Brachial Plexus in Whiplash Injuries
1 Symptoms and Signs of Irritation of the Brachial Plexus in Whiplash Injuries J Bone Joint Surg (Br) 2001 Mar;83(2):226-9 Ide M, Ide J, Yamaga M, Takagi K Department of Orthopaedic Surgery, Kumamoto University
More informationCivil Liability and Other Legislation Amendment Bill 2009
Civil Liability and Other Legislation Amendment Bill 2009 Explanatory Notes Objectives of the Bill The objective of the Civil Liability and Other Legislation Amendment Bill 2009 is to improve the civil
More informationLEGALWISE SEMINARS Perth, 13 May 2009. Geoffrey Hancy. BJuris (Hons) LLB (Hons) BEc LLM Email: geoff@hancy.net Web: www.hancy.net
LEGALWISE SEMINARS Perth, 13 May 2009 MEDICAL NEGLIGENCE DUTY OF CARE OF MEDICAL PRACTITIONER Geoffrey Hancy BJuris (Hons) LLB (Hons) BEc LLM Email: geoff@hancy.net Web: www.hancy.net Introduction 1 I
More informationPERSONAL INJURY QUESTIONNAIRE. NAME: Date of Accident
PERSONAL INJURY QUESTIONNAIRE NAME: Date of Accident Where did accident happen? Describe the accident in your own words: What was your position in the car? Driver: if Driver were your hands on the steering
More informationFD: ACN=1004 ACC=R FD: DT:D DN: 609/87 STY:PANEL: Thomas; Robillard; Jago DDATE:23/07/87 ACT: 40(3) [old 41(2)], 40(2)(b) [old 41(1)(b)] KEYW:
FD: ACN=1004 ACC=R FD: DT:D DN: 609/87 STY:PANEL: Thomas; Robillard; Jago DDATE:23/07/87 ACT: 40(3) [old 41(2)], 40(2)(b) [old 41(1)(b)] KEYW: Temporary partial disability (level of benefits); Availability
More informationIN THE PENSION APPEALS BOARD IN RE THE CANADA PENSION PLAN JUDY MANCHUR. - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT
IN THE PENSION APPEALS BOARD IN RE THE CANADA PENSION PLAN BETWEEN: JUDY MANCHUR Appellant - and - MINISTER OF HUMAN RESOURCES DEVELOPMENT Respondent Appeal CP08485 heard in Regina, Saskatchewan October
More informationMEDICAL MALPRACTICE CASE RESULTS
CASE RESULTS INFORMATION Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case. Nor does it mean that we
More informationToday I will discuss medical negligence following a number of recent high profile cases and inquests.
Tipp FM Legal Slot 29 th May 2012 Medical Negligence John M. Lynch, Principal Today I will discuss medical negligence following a number of recent high profile cases and inquests. Firstly, what is Medical
More informationPUBLICATION PROVIDED BY: RISSMAN, BARRETT, HURT DONAHUE & McLAIN, P.A.
PUBLICATION PROVIDED BY: RISSMAN, BARRETT, HURT DONAHUE & McLAIN, P.A. 201 EAST PINE STREET 15 TH FLOOR P.O. BOX 4940 ORLANDO, FLORIDA 32802-4940 TELEPHONE (407) 839-0120 TELECOPIER (407) 841-9726 ORLANDO@RISSMAN.COM
More informationSUMMARY DECISION NO. 70/98. Delay (treatment); Kienbock's disease.
SUMMARY DECISION NO. 70/98 Delay (treatment); Kienbock's disease. A construction worker injured his wrist while moving a plank on September 25, 1991. He continued working and did not seek medical treatment
More informationIf you or a loved one have suffered because of a negligent error during spinal surgery, you will be going through a difficult time.
If you or a loved one have suffered because of a negligent error during spinal surgery, you will be going through a difficult time. You may be worried about your future, both in respect of finances and
More informationThe Court s Approach to Muliple Injuries, Pre-exiting Injuries, and Psychological Injuries on the Determination of Catastrophic Impairment:
Derek Nicholson (613)241-6307 John Read (613)241-7588 Patrick Murphy (613)244-2374 Donna Robinson (613)241-9528 979 Wellington Street W, Ottawa, Ontario K1Y 2X7 www.beament.com The Court s Approach to
More informationIn the United States District Court for the Western District of Texas
Case 5:13-cv-00960-XR Document 14 Filed 12/06/13 Page 1 of 6 In the United States District Court for the Western District of Texas Christine Barreras v. Wal-Mart Stores, Inc. SA-13-CV-960 ORDER On this
More informationWORKCOVER DIVISION Case No. A12596889 --- S GARNETT LATROBE VALLEY REASONS FOR DECISION ---
!Undefined Bookmark, I IN THE MAGISTRATES COURT OF VICTORIA AT LATROBE VALLEY WORKCOVER DIVISION Case No. A12596889 LEE ANNE SHEARS Plaintiff v STATE OF VICTORIA Defendant --- MAGISTRATE: S GARNETT WHERE
More informationWhiplash and Whiplash- Associated Disorders
Whiplash and Whiplash- Associated Disorders North American Spine Society Public Education Series What Is Whiplash? The term whiplash might be confusing because it describes both a mechanism of injury and
More informationIllinois Official Reports
Illinois Official Reports Appellate Court Continental Tire of the Americas, LLC v. Illinois Workers Compensation Comm n, 2015 IL App (5th) 140445WC Appellate Court Caption CONTINENTAL TIRE OF THE AMERICAS,
More informationAuto Accident Questionnaire
Auto Accident Questionnaire Patient s Name: Date Of Accident: Date: Social History: (please complete the following, check all boxes that apply) Are you: Married Single Divorced Widowed # of Children: #
More informationCar & truck accidents require an experienced Louisville auto accident attorney
http://www.slechterlawfirm.com/car-truck-accidents/ Car & truck accidents require an experienced Louisville auto accident attorney Auto accidents happen fast. But the effects can sometimes last a lifetime,
More informationPersonal Injury Compensation Guide. Winston Solicitors LLP
Personal Injury Compensation Guide Winston Solicitors LLP Compensation guide Here we provide a simple, plain speaking guide to no win no fee compensation claims for personal injuries in the UK. If you
More informationL. R. v. Fletcher Allen Health Care (January 4, 2007) STATE OF VERMONT DEPARTMENT OF LABOR
L. R. v. Fletcher Allen Health Care (January 4, 2007) STATE OF VERMONT DEPARTMENT OF LABOR L. R. Opinion No. 57-06WC By: Margaret A. Mangan v. Hearing Officer Fletcher Allen Health Care For: Patricia Moulton
More informationThe Petrylaw Lawsuits Settlements and Injury Settlement Report
The Petrylaw Lawsuits Settlements and Injury Settlement Report ARM FRACTURE INJURIES How Minnesota Juries Decide the Value of Pain and Suffering in Arm Fracture/Humerus Injury Cases The Petrylaw Lawsuits
More informationSETTLEMENT REPORT Hillsborough County Circuit Court Florida
SETTLEMENT REPORT Hillsborough County Circuit Court Florida Matthew D. Powell, Esq. Attorney for Plaintiff V S EMC Insurance Company The claim of the Plaintiff, against the Defendant, was filed in Hillsborough
More informationTemple Physical Therapy
Temple Physical Therapy A General Overview of Common Neck Injuries For current information on Temple Physical Therapy related news and for a healthy and safe return to work, sport and recreation Like Us
More informationTHE FIRTH V SUTTON DECISIONS
THE FIRTH V SUTTON DECISIONS Introduction In professional negligence proceedings against a solicitor, the court s aim is to determine what amount of money would put the plaintiff in the position he would
More informationOPERATION OF QUEENSLAND S WORKERS COMPENSATION SCHEME - Supplementary
Your Ref: Our Ref: Accident Compensation / Tort Law Committee 26 November 2012 The Research Director Finance and Administration Committee Parliament House George Street BRISBANE QLD 4000 Dear Research
More informationCase Name: Nery v. Nery. Between Gavina Nery, Plaintiff, and Felipe Nery, Defendant. [2012] A.J. No. 792 2012 ABQB 484. 29 C.P.C.
Page 1 Case Name: Nery v. Nery Between Gavina Nery, Plaintiff, and Felipe Nery, Defendant [2012] A.J. No. 792 2012 ABQB 484 29 C.P.C. (7th) 41 219 A.C.W.S. (3d) 308 2012 CarswellAlta 1297 Docket: 1003
More informationWhiplash Associated Disorder
Whiplash Associated Disorder Bourassa & Associates Rehabilitation Centre What is Whiplash? Whiplash is a non-medical term used to describe neck pain following hyperflexion or hyperextension of the tissues
More informationTHE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE AND
THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE SAINT LUCIA CLAIM NUMBER SLUHCV 2002/0329 BETWEEN: AUDLYN FADLIEN Claimant AND ATTORNEY GENERAL Defendant Appearances: Mr. Hilford Deterville
More informationWHIPLASH INJURIES By Prof RP Grabe, Department of Orthopaedics, University of Pretoria
1 WHIPLASH INJURIES By Prof RP Grabe, Department of Orthopaedics, University of Pretoria In a recent publication in Spine the Quebec task force mentions that very little is available in the literature
More informationWORKERS COMPENSATION BOARD APPEAL TRIBUNAL. [Personal information] CASE I.D. #[personal information]
WORKERS COMPENSATION BOARD APPEAL TRIBUNAL BETWEEN: [personal information] CASE I.D. #[personal information] PLAINTIFF AND: WORKERS COMPENSATION BOARD OF PRINCE EDWARD ISLAND DEFENDANT DECISION #41 [Personal
More informationPERSONAL INJURIES PROCEEDINGS ACT (QLD) 2002 (PIPA): SECTION 30
Mr Philip Reed Director General Department of Justice and Attorney-General GPO Box 149 BRISBANE QLD 4001 Via email: jane.flower@justice.qld.gov.au 15 March 2012 Dear Mr Reed PERSONAL INJURIES PROCEEDINGS
More informationNOTEWORTHY DECISION SUMMARY. Decision: WCAT-2004-02435-RB Panel: Beatrice Anderson Decision Date: May 10, 2004
NOTEWORTHY DECISION SUMMARY Decision: WCAT-2004-02435-RB Panel: Beatrice Anderson Decision Date: May 10, 2004 Referrals to Board of Issue for Determination - Completion of Appeals after Referral - Section
More informationYour Guide to Pursuing a Personal Injury Claim
Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose
More informationTransport Committee cycling consultation
Transport Committee cycling consultation Thompsons Solicitors has been standing up for the injured and mistreated since the firm was founded by Harry Thompson in 1921. We have fought for millions of people,
More informationIN THE SUPREME COURT OF BRITISH COLUMBIA
Date of Release: January 31, 1996 No. B934523 Vancouver Registry IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: ) ) EMMA ESTEPANIAN, by her Guardian ) Ad Litem, SABINA GHAZARIAN ) REASONS FOR JUDGMENT
More informationHave you or someone you know suffered a personal injury? TIPS TO MAXIMIZE COMPENSATION
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
More informationPRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013
PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL INJURY CLAIMS IN ROAD TRAFFIC ACCIDENTS FROM 31 JULY 2013 Title Number I INTRODUCTION Definitions Para 1.1 Preamble Para 2.1 Aims Para 3.1 Scope Para 4.1 II GENERAL
More informationCervical Whiplash: Considerations in the Rehabilitation of Cervical Myofascial Injury. Canadian Family Physician
Cervical Whiplash: Considerations in the Rehabilitation of Cervical Myofascial Injury 1 Canadian Family Physician Volume 32, September 1986 Arthur Ameis, MD Dr. Ames practices physical medicine and rehabilitation,
More informationIN THE COMMONWEALTH COURT OF PENNSYLVANIA
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Advanced Dermatology Associates : (Selective Insurance Company of : America), : Petitioners : : v. : No. 2186 C.D. 2014 : Submitted: May 22, 2015 Workers Compensation
More informationPersonal Injury Claims
Personal Injury Claims Improving consistency, accuracy & transparency of settlements Mark Strang ACII, Chartered Insurance Practitioner Business Development Manager, ISO Agenda Personal Injury Claims Background
More informationGuidelines for the table of injuries. For injuries on or after 2 November 2005
For injuries on or after 2 November 2005 Background Changes to the Table of injuries (TOI) were made in 2005 and are now adopted by the Medical Assessment Tribunal at Q-COMP. The major differences between
More informationNOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL
NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [*] (Worker) Participants entitled to respond to this appeal: The Workers Compensation Board of Nova Scotia (Board) APPEAL DECISION Representatives:
More informationPersonal Injury Claim Information Guide. A step-by-step guide to your Compulsory Third Party (CTP) insurance claim
Personal Injury Claim Information Guide A step-by-step guide to your Compulsory Third Party (CTP) insurance claim Compulsory Third Party (CTP) Personal Injury Claim. Your recovery is important to us If
More informationIN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT NASHVILLE
IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT NASHVILLE KATHY GEORGE v. CARRIER CORPORATION, et. al. Direct Appeal from the Cannon County Circuit Court No. 3170, Robert
More informationIN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY CYNTHIA SMITH and MICHAEL R. : SMITH, individually and as guardians : ad litem of CIARA SMITH, a minor, : : Plaintiffs, : : v. : :
More informationBEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION
BEFORE THE APPEALS BOARD FOR THE KANSAS DIVISION OF WORKERS COMPENSATION MARY JANE WAGGONER ) Claimant ) VS. ) ) Docket No. 1,001,815 THE BOEING COMPANY ) Respondent ) AND ) ) INSURANCE COMPANY ) STATE
More informationTHE TOP 10 QUESTIONS YOU SHOULD ASK YOUR CAR ACCIDENT LAWYER
THE TOP 10 QUESTIONS YOU SHOULD ASK YOUR CAR ACCIDENT LAWYER? Introduction After six straight years of decline, the National Highway Traffic Administration (NHTSA) reports that auto accidents, injuries
More informationAPPENDIX C REPORT TO JUDGE PRESSLER RE PREJUDGMENT INTEREST Prejudgment Interest Should Not Be Allowed for Future Lost Wages or Future Medical Expenses The Supreme Court asked the Civil Practice
More informationWorkplace Health, Safety & Compensation Review Division
Workplace Health, Safety & Compensation Review Division WHSCRD Case No: 14275-11 WHSCC Claim No: 837491 Decision Number: 15034 Marlene A. Hickey Chief Review Commissioner The Review Proceedings 1. The
More informationWORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL
2001 ONWSIAT 1893 WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 193/00 [1] This appeal was heard in Toronto on September 22, 2000, by Tribunal Vice-Chair N. McCombie. THE APPEAL PROCEEDINGS
More informationPersonal Injury Claim Information Guide A step-by-step guide to your Compulsory Third Party (CTP) insurance claim
Personal Injury Claim Information Guide A step-by-step guide to your Compulsory Third Party (CTP) insurance claim AAI Limited ABN 48 005 297 807 trading as Suncorp Insurance Compulsory Third Party (CTP)
More informationPERSONAL INJURY PARTICULARS
PERSONAL INJURY PARTICULARS Magistrates Court of South Australia (Civil Division) www.courts.sa.gov.au Date Filed: Court Use Form 22 Trial Court Action No Address Street Telephone Facsimile DX BETWEEN
More informationLump Sum Costs Agreements
Lump Sum Costs Agreements Consultation draft Version 1 19 November 2012 Level 30 400 George Street, Brisbane Qld 4000 PO Box 10310 Brisbane, Adelaide Street Qld 4000 T (07) 3406 7737 (Brisbane) or 1300
More informationIn the Missouri Court of Appeals Eastern District DIVISION THREE
In the Missouri Court of Appeals Eastern District DIVISION THREE GERALD J. BAMBERGER, et al., ) No. ED92319 ) Appellants, ) ) Appeal from the Circuit Court vs. ) of St. Louis County ) 08SL-CC01435 CHARLES
More informationTHE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT. Case No: 351/2012 MEMBER OF THE EXECUTIVE COMMITTEE FOR THE DEPARTMENT OF HEALTH, MPUMALANGA
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Not Reportable Case No: 351/2012 In the matter between: DOREEN TOPHAM Appellant and MEMBER OF THE EXECUTIVE COMMITTEE FOR THE DEPARTMENT OF HEALTH,
More information(PRECEDENT STATEMENT OF CLAIM B ) ONTARIO SUPERIOR COURT OF JUSTICE *************************** - and - STATEMENT OF CLAIM
(PRECEDENT STATEMENT OF CLAIM B ) Court File No. ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: Plaintiffs - and - Defendants STATEMENT OF CLAIM TO THE DEFENDANTS A LEGAL PROCEEDING HAS BEEN COMMENCED
More informationMedical Report. Prepared for the Court. Section A - Claimant's details. Occupation. Address 1.1. Has photo ID been confirmed?
Medical Report Prepared for the Court Section A - Claimant's details Claimants full name Mr Forename Surname Date of Birth Occupation Address Librarian Address, Address, Town, Post Code. 1.1 Has photo
More informationTop Ten Workplace Injuries at a Utility Company
Top Ten Workplace Injuries at a Utility Company Top Ten Injuries 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Crush Injuries CRUSH INJURIES A crush injury occurs when force or pressure is put on a body part. This type
More informationFRCP and Physician Testimony: Treating Physicians, Experts, and Hybrid Witnesses
May, 2011 FRCP and Physician Testimony: Treating Physicians, Experts, and Hybrid Witnesses The US Court of Appeals, Ninth Circuit, rules on these matters in the case of Goodman v. Staples the Office Superstore,
More informationA CONSUMER'S GUIDE TO AUTOMOBILE INSURANCE IN MARYLAND 1. Peter J. Basile, Shareholder Ferguson, Schetelich & Ballew, P.A.
A CONSUMER'S GUIDE TO AUTOMOBILE INSURANCE IN MARYLAND 1 Introduction Peter J. Basile, Shareholder Ferguson, Schetelich & Ballew, P.A. 2011 We represent many clients who have been involved in car accidents,
More informationBEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. F910691. TERRY FOSTER, Employee. TYSON SALES & DISTRIBUTION, Self-Insured Employer
BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. F910691 TERRY FOSTER, Employee TYSON SALES & DISTRIBUTION, Self-Insured Employer CLAIMANT RESPONDENT OPINION FILED NOVEMBER 20, 2013 Hearing
More informationNOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL
NOVA SCOTIA WORKERS COMPENSATION APPEALS TRIBUNAL Appellant: [X] (Worker) Participants entitled to respond to this appeal: N/A (Employer) and The Workers Compensation Board of Nova Scotia (Board) APPEAL
More information