<Calculation of the self-employment income> – $150,000.00 (gross annual employment income during the last fiscal year) – less $50,000 (loss from self-employment to be subtracted = $100,000.00 Multiply by 70% equals $70,000.00 (our client earned no post-accident income.) This amount is then divided by 52 weeks to come to a weekly income replacement benefit of … Read More
Blog
– May 13, 2022
<No Deduction of LTD Settlement by the automobile insurance> – May 13, 2022 The MVA client is a full-time employee who can have an access to his long-term disability benefits payable through his work insurance up to 66.67% of his monthly earnings (up to a $5,000 per month). MVA client’s disability benefits were denied and … Read More
<Dental impairments in MVA cases> Part of the dental-related impairments commonly noticed in MVA clients or disability medical records: Crossbite sleep apnea temporomandibular joint (TMJ) disorders frequent headaches pain in his jaw, neck, and shoulder pain, Dental injury from MVA can aggravate the above.
<Approval of Psychotherapy Sessions> Since those MVA clients were taken out of MIG (with their medical limits increased up to $65K), all psych treatments have been approved by the insurer. And, this ongoing approval gives those clients full leverage of fully taking advantage of their psychotherapies since their MVA.
No double deduction in Tort law – May 10, 2022
-The client we represent was not “employed”, but had his own business and paid for his own long-term disability insurance. – Our position for the plaintiff – While deductions are necessary in many circumstances, a double deduction should not be permitted. – Why would the client, who was self-employed, and has paid for his own … Read More
“No fault” auto insurance regime – May 6, 2022
Ever since Ontario introduced its “no fault” auto insurance regime in 1990, s. 263 of the Insurance Act has barred claims for recovery of damages to an insured’s automobile, to its contents and for loss of use against anyone other than the insured’s insurer.
MVA that occurred as a result of damaged pavement on the highway – May 1, 2022
The client: “The car accident occurred in the area of highway and shoulder where the asphalt had broken away from the pavement.” Our Legal Services: “Ontario Provincial Police, although aware of the condition of the highway, did nothing to warn drivers as to unsafe condition.” Our Legal Services: “You can claim not only the accident … Read More
Claimant opted out of the WSIB benefits – May 1, 2022
The claimant was employed at the time of MVA and received Workers Safety Insurance Benefits (“WSIB”). And, subsequently, the claimant elected to opt out of the WSIB benefits and instead elected to pursue (a) a lawsuit (“tort action”) against the unidentified driver. Under s.61 of the SABS, if a claimant makes an election under the … Read More
Crash at Orange County intersection – Apr. 26, 2022
– The potential testimony for the driver’s criminal negligence could unfold in a criminal context. – In a civil context, the deceased’s Estate could claim death benefits. https://www.clickorlando.com/traffic/2022/04/17/crash-at-orange-county-intersection-kills-1-seriously-injures-another-fhp-says/?__vfz=medium%3Dsharebar
