In today’s case (Erwin v. Buhler) the Plaintiff was involved in a 2011 rear end collision that the Defendant was responsible for. The Plaintiff alleged that he suffered from bursitis in his hip due to the crash but the Court found this condition was most likely caused by other factors. The Court did find the Plaintiff suffered various soft tissue injuries, some of which remained symptomatic on an intermittent basis at the time of trial.
Author Archives: Admin4
THE CAT CAME BACK
The Canadian Society of Medical Examiners (CSME) and the Canadian Academy of Psychologists in Disability Assessment (CAPDA) are pleased to announce this essential and collaborative two day Medico-Legal program whereby we will examine the latest in Catastrophic Impairment Rating Determination. Truly expert presenters will review an array of conceptual theories, techniques, strategies and application of evidence based clinical tools in the determination of a Catastrophic Impairment Rating. This non-partisan program is intended to move forward our ability to practice critically and mindfully in this ever more complex medical legal arena.
Jokelee Vanderkop video Denied Benefits? – How to Fight Back!
You can order a newer edition of book here: http://www.
Bill 164: Still With Us After 20 Years
Bob Rae’s NDP Ontario government made wholesale changes to auto insurance in Ontario for motor vehicle accidents that occurred on or after January 1, 1994. Bill 164 created a legal regime where injured people had no right to sue for economic loss. Instead, the Rae government created an extensive set of no-fault accident benefits rights which included, amongst other benefits, the following:
Defence & Indemnity – February 2017: I. INSURANCE ISSUES A.
A. Where an insurer has failed to afford a defence to its insured and the insured is successful in bringing proceedings to enforce the insurer’s obligations, the court can and will award the insured a complete indemnity for both defence expenses already incurred and the expense of enforcing compliance with the policy terms
http://www.jdsupra.com/legalne
Crucial to Submit Disability Certificates (OCF-3) Early
Why it is NOW crucial to complete and submit a Disability Certificate (OCF-3) ASAP – An important message for hospital providers.
Traditionally, we have explained to hospital providers that while it was best for patients to submit their Accident Benefit documents (i.e. Application and Disability Certificate) to their accident benefit insurer ASAP, there was no serious consequence associated with a delayed submission of these forms.
https://www.thomsonrogers.com/
Time to Change the Law Limiting Punitive Damages
In September 2015, Marco Muzzo landed at Toronto Pearson International Airport returning from his bachelor party in Miami. He was drunk and he didn’t have his glasses, but that didn’t stop him from getting behind the wheel of his Jeep.
Non-compliance with a Tribunal Order may cost you.
The License Appeal Tribunal (the LAT) has found that an insurer’s failure to comply with a production Order from the Tribunal is unreasonable conduct and must be deterred. In B.F. v. Wawanesa Mutual Insurance Company, 2017 CanLII 9821 (ON LAT), an adjudicator made a costs Order against Wawanesa following its failure to produce documents set out in the case conference Order for productions.
http://www.millerthomson.com/e
Ontario judge lets suspected drunk driver walk over ‘inexcusable’ 10-minute breathalyzer delay
Police officers are on notice to hustle with their breathalyzers, now that an Ontario judge has acquitted an accused drunk driver because of “a constitutionally inexcusable delay of approximately 10 minutes.”
http://news.nationalpost.com/t
We can’t afford to wait: We need opioid alternatives for pain
While prescription opioids are effective for short-term pain relief, there is little data supporting the effectiveness of long-term use – but there is evidence of potential harm. Longer opioid therapy can also lead to individuals requiring higher doses to obtain the same degree of pain relief. Higher doses may further increase associated harms such as overdose, falls and motor-vehicle accidents.