Author Archives: Admin4

Long-Term Disability Series: Own Occupation Versus Any Occupation

by Admin4

Ah, the fine print. Lawyers always read the fine print because we so often need to refer to it in our cases.

But when many people see a block of legalese in two point font they simply shrug their shoulders, ignore it, or scroll past it to click the “Yes I have read all the terms and conditions” option and get on with their lives.

http://www.hshlawyers.com/blog/long-term-disability-series-own-occupation-versus-any-occupation/

The legal challenges of chronic pain | Bernard Gluckstein and Jan Marin

by Admin4

North America is in the midst of a crisis caused by opioids, highly addictive painkillers that are being blamed for thousands of deaths. The Ontario government has pledged millions of dollars to handle the situation, but it is failing to recognize the root of the problem: chronic pain.

https://www.thelawyersdaily.ca/personalinjury/articles/4657/the-legal-challenges-of-chronic-pain-bernard-gluckstein-and-jan-marin

The legal challenges of chronic pain

by Admin4

North America is in the midst of a crisis caused by opioids, highly addictive painkillers that are being blamed for thousands of deaths. The Ontario government has pledged millions of dollars to handle the situation, but it is failing to recognize the root of the problem: chronic pain.

https://www.thelawyersdaily.ca/articles/4657/the-legal-challenges-of-chronic-pain-bernard-gluckstein-and-jan-marin

ONT. WSIB – GETTING THE PRE-EXISTING CONDITIONS POLICY BEFORE THE COURTS, NOW!

by Admin4
 
The Board’s post November 2014 operational policies in which the level of permanent impairment  resulting from a workplace injury is to be determined by discounting for asymptomatic pre-existing conditions constitute an arbitrary and unlawful repudiation of the thin-skull doctrine in Ontario’s workers’ compensation system.
 
https://administrativejusticereform.ca/pre-existing-conditions-court-challenge/

The 4 Most Common Mistakes When Working With Experts – and How to Avoid Them

by Admin4

When your case demands an expert witness, your results will likely depend in large part on what your witness says and how your witness behaves during deposition and trial. Choosing the right expert is key, and so is preparing your expert witness to present his or her experience and opinions in the best professional light.

https://www.theexpertinstitute.com/4-common-mistakes-working-experts-avoid/

CIVIL PROCEDURE – Interest – Calculation of – Pre-judgment interest

by Admin4

https://www.thelawyersdaily.ca/articles/4793/civil-procedure-interest-calculation-of-pre-judgment-interest?category=digests

How to help your own personal injury case

by Admin4

Seeing a doctor as soon as possible is the first step any potential claimant in a personal injury case should take, says Toronto personal injury lawyer Paul Cahill.

http://www.advocatedaily.com/paul-cahill-how-to-help-your-own-personal-injury-case.html

OCA clarifies Insurance Act amendments

by Admin4

The Ontario Court of Appeal has clarified that 2015 amendments to the Insurance Act could apply to actions that were brought forward before changes came into force.

In complimenting decisions of two cases heard together on appeal — El-Khodr v. Lackie and Cobb v. Long Estate — the court found that a new prejudgment interest rate applied to actions brought over motor vehicle accidents that predated the legislation.

http://www.lawtimesnews.com/author/alex-robinson/oca-clarifies-insurance-act-amendments-14740/

Growing number of companies hiring MKD to probe LTD claims

by Admin4

An increasing number of companies and government organizations are hiring MKD to investigate the validity of employee claims of long-term disability, says Jim Downs, founding partner and managing director of MKD International Inc.

“We conduct surveillance on individuals to verify whether they are in fact unable to work,” he tells AdvocateDaily.com.

http://www.advocatedaily.com/mkd-international-inc–growing-number-of-companies-hiring-mkd-to-probe-ltd-claims.html

16-002861 v Aviva Insurance Company, 2017 CanLII 62160 (ON LAT)

by Admin4
[40.]     The applicant submitted that the respondent unreasonably withheld or delayed payment regarding the medical benefits for physiotherapy services and the cost of psychiatric and orthopaedic assessments.  I agree that the payment for physiotherapy services and the psychiatric and orthopaedic assessments were unreasonably withheld for the reasons that follow.
 
[41.]     Regarding the physiotherapy services, the respondent does not dispute that the applicant has chronic pain syndrome, but whether the treatment will lead to the applicant’s recovery. Drs. West and Gerber indicated that the applicant will not likely recover from the pain despite appropriate treatment.  I am of the view that the goal for treatment for this applicant should be pain relief and reduction given his chronic pain diagnosis. As such, I do not agree with the respondent’s rationale that given the applicant is not able to recover from his injuries that further physiotherapy treatment is not reasonable and necessary.  
 
[42.]     Regarding the assessments, given that Drs. West and Gerber’s assessments were dated and the persistent nature of the applicant’s chronic pain, I find that it was reasonable for the applicant to request to undergo new assessments in order to determine if the assessors could recommend other treatments at this stage of his chronic pain.  I am not persuaded by the respondent’s position regarding the denial of the assessments given the nature of the applicant’s chronic pain and the timing of his prior assessments.
 
[43.]     Regarding the length of the respondent’s delay, the respondent delayed payment for 1-3 years depending on the treatment plan.  The delay in payment of the treatment plans delayed the applicant’s ability to effectively manage his chronic condition.  According to the applicant, he had to incur the cost of the physiotherapy services, which has impacted him financially.