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The phantom jobs of injured workers

In September 2007, Mark Winegarden damaged his vertebrae while working as a paramedic in Simcoe County. Attending an emergency call, he had to carry a cardiac-arrest patient down the staircase of his home when he felt a ‘pop in his back.’ His life would never be the same.

“The surgery itself worked out okay but there were complications. It’s basically a mass of scar tissue at the back of my spine,” Winegarden says.

http://rankandfile.ca/2017/11/02/the-phantom-jobs-of-injured-workers/

New WSIB Policies on Chronic and Traumatic Mental Stress Coming Into Effect

On May 17, 2017, the Ontario government passed Bill 127, Stronger, Healthier Ontario Act (Budget Measures), 2017. By amending section 13 of the Workplace Safety and Insurance Act, 1997 (“WSIA”), Bill 127 provides that workers are entitled to benefits under their insurance plan for chronic and traumatic mental stress arising out of and in the course of employment.

https://www.lexology.com/library/detail.aspx?g=94bf3a9f-4057-4332-814c-ee6ce8e00e89

Mulhall v Fraser, 2017 ONSC 6551 (CanLII)

[54]     In this case, neither the original materials filed nor the subsequent affidavit of Mr. Zarek sworn September 26, 2017, provides little information concerning the circumstances in which the new retainer agreement dated May 1, 2016 was executed apart from Mr Zarek’s responding affidavit sworn October24, 2017(para.17) stating that it was fair. I have serious concerns that the fee agreement, that the solicitor in his materials relied on, was signed on behalf of an incapable party on the eve of settlement, approximately 15 years into the solicitor and client relationship. I also note as outlined at paragraph [44] above that in the updated affidavit sworn September 26, 2017, Mr. Zarek suggests yet another amount for fees. However, the point remains that there is no explanation or information provided relating to the new fee agreement. In Batalla v St. Michael’s Hospital 2016 ONSC 1513 (CanLII) at para. 52, Justice Wilson stated that the fairness inquiry involves whether on the motion to approve the settlement, the evidence establishes that the required level of factual, procedural and legal disclosure was made at the time the agreement was signed. I am not satisfied that these requirements were met.

Auto reform an opportunity for brokers to review clients’ personal situations: IBAO president-elect

A set of changes to auto accident benefits coverage is a “perfect example” of an opportunity for brokers to contact their clients and review insurance needs, the president-elect of the Insurance Brokers Association of Ontario suggested at the organization’s recent annual convention.

https://www.canadianunderwriter.ca/insurance/auto-reform-opportunity-brokers-review-clients-personal-situations-ibao-president-elect-1004122915/

Ontario insurance reforms give brokers chance to engage with customers

Auto accident benefits coverage changes in Ontario are described as a perfect reason for brokers to speak with clients about their insurance requirements. The advice was offered by the president-elect of the Insurance Brokers Association of Ontario (IBAO) at the association’s annual convention in Ottawa.

https://www.shopinsurancecanada.ca/blog/news/ontario-insurance-reforms-give-brokers-chance-to-engage-with-customers/

Medical Cannabis and Auto Insurance Funding

With the rise of medical cannabis as a treatment option for individuals injured in automobile accidents, many automobile insurers are faced with increasing claims to pay for these expenses. If a qualified regulated health professional is recommending treatment with medical cannabis, there are key approaches to consider to have the accident benefits insurer support funding.

https://oatleyvigmond.com/medical-cannabis-auto-insurance-funding/

Cooperation at the assessment office pays off in court

Parties who showed a willingness to co-operate with the overloaded assessment office were rewarded in two recent decisions, says Toronto civil litigation lawyer Kevin Fisher.

Fisher, a partner with Gardiner Roberts LLP, acted for his former law firm, the successful appellant in a case involving a client who failed to show up for a week-long hearing over a disputed bill that had been scheduled more than a year in advance.

http://www.advocatedaily.com/kevin-fisher-cooperation-at-the-assessment-office-pays-off-in-court.html

Injured workers fighting for healthcare, benefits, and dignity

On this week’s epoisode of Talking Radical Radio, Scott Neigh interviews Sang-Hun Mun and Hannah Alexander. They are members of Injured Workers Action for Justice, a group of injured workers who are pushing to change the workers’ compensation system in Ontario so that it starts to actually meet the needs of injured workers, particularly when it comes to healthcare.

http://rabble.ca/podcasts/shows/talking-radical-radio/2017/10/injured-workers-fighting-healthcare-benefits-and

Ban on ‘distracted walking’ is a lousy idea: Editorial

It is tempting to support any legislation that would impose fines on those people who habitually bury their faces in a smartphone and walk the city streets oblivious to the crowds and cars around them.

But while the eponymous phone-crazed “zombies” of a proposed new provincial “zombie law” are no doubt irritating, study after study has shown they don’t pose a significant threat to themselves or others.

https://www.thestar.com/opinion/editorials/2017/10/30/ban-on-distracted-walking-is-a-lousy-idea-editorial.html

Distracted walking vs. reverse onus provisions of Highway Traffic Act (Pedestrian Collision Cases Ontario)

An Ontario MPP’s private member’s bill proposed that pedestrians not paying attention to where or how they are walking, could be fined up to $50 for distracted walking.

It’s called the “Phones Down, Heads Up Act” and was tabled by Toronto MPP Yves Baker of Etobicoke Centre.

https://www.torontoinjurylawyerblog.com/2017/11/distracted-walking-vs-reverse-onus-provisions-highway-traffic-act-pedestrian-collision-cases-ontario.html