Author Archives: Admin4

Applicant Shown to Be Very Active and Not Credible – Not awarded IRBs

The applicant was injured in a car accident on February 21, 2015. He applied for and received benefit including IRBs under the SABs, however, TD terminated the applicant’s IRB on April 4, 2016, taking the position that he does not meet the test for entitlement. The applicant disputes that termination.

https://www.deutschmannlaw.com/blog/post/applicant-shown-to-be-very-active-and-not-credible-not-awarded-irbs

Ontarians’ lives in turmoil over arbitrarily suspended driver’s licences

Long-haul truck driver Joseph Monighan of Hamilton was sitting in his rig in a weigh-scale station near Niagara Falls when he found out his driver’s licence was under suspension for non-payment of parking tickets he’d never received.

https://www.thestar.com/news/gta/2017/04/07/ontarians-lives-in-turmoil-over-arbitrarily-suspended-drivers-licences.html

Reduce Communication-Related Claims by Understanding Cognitive Bias

Understanding cognitive biases can help reduce communication-related claims, which are the biggest source of malpractice claims. While many cognitive biases are dealt with by following some common sense principles, others are not as obvious. From anchoring effect to decision fatigue, knowing how your client makes decisions can help you build rapport with your clients, effectively give recommendations, and help ensure you and your client are on the same page.

http://www.slaw.ca/2017/04/10/reduce-communication-related-claims-by-understanding-cognitive-bias-2/?utm_source=dlvr.it&utm_medium=twitter

Long-Term Disability Series: Received A Long-Term Disability Denial Letter? What To Do Next.

They say waiting is the hardest part.

But it is clear from my experience representing individuals who have been denied long-term disability that this is one of the toughest and most nerve-wracking times in a person’s life.

http://www.hshlawyers.com/blog/long-term-disability-series-received-a-long-term-disability-denial-letter-what-to-do-next/

In B.C., public auto insurance and full tort system not just compatible, but essential

On behalf of the Trial Lawyers Association of British Columbia (TLABC), I write in response to a Focus opinion piece by Laurelly Dale titled “Looking beyond B.C. tort system: No fault and privatization possible as costs outpace rate increases” in the March 24, 2017, edition of The Lawyers Weekly.

http://www.lawyersweekly.ca/articles/3755

Brain Injury Association of Canada (BIAC) Acquired Brain Injury (ABI) Information

http://braininjurycanada.ca/wp-content/uploads/2007/05/BIAC-Fact-Sheet-2014.pdf

Shining a Light on the insurance medical examination business

Distributed to MPPs on January 26th, the first MPP Advisor of 2017 explores efforts in bringing questionable insurance medical examination practices to light.

http://www.otla.com/docDownload/722832

The Big Lie

Insurance companies cannot openly target injured victims, so they attack the victims’ advocates. But make no mistake: their goal is to limit insurance coverage and make it harder for victims. If insurance companies really want to help victims as they imply, all they have to do is agree to pay reasonable claims.
The Ontario government and all stakeholders in the sector need to find real solutions to the real problems, not the issues that serve for-profit insurance company interests.

http://www.otla.com/docDownload/724931

Navigating the Motor Vehicle Accident Claims Fund in Ontario: A Last Resort

In this post, we explain the usual courses of action you would take to obtain benefits and damages if you were involved in a motor vehicle accident, and why the existence of the Motor Vehicle Accident Claims Fund (MVACF) ensures that when all else fails, you still have a place to turn to access assistance in your recovery, but it will take time to get there.

http://www.hshlawyers.com/blog/navigating-the-motor-vehicle-accident-claims-fund-in-ontario-a-last-resort/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

Injured Party Not Entitled to NEB and IRB benefits

Ms. Colleen Comegna was injured in a car accident on February 13, 2014. She applied for and received

statutory accident benefits from Aviva, but when the parties were unable to resolve their disputes through mediation  Ms. Colleen Comegna applied for arbitration at the FSCO.

https://www.deutschmannlaw.com/blog/post/injured-party-not-entitled-to-neb-and-irb-benefits