<Negotiations with an opposing counsel in employment law> Continue to negotiate with the opposing counsel representing your client’s employer and always push forward for settlement if it is clear there is a legitimate claim for constructive dismissal, claims under Ontario Human Rights Code and Occupation Health and Safety Act.
Our Legal Services just finished consultation with other well-known multidisciplinary clinics again for referral of s.25 psych and chronic pain assessments under the Insurance Act. It was such a productive day after a long weekend!
<Reconnected with medical practitioners> It is nice to be reconnected with those medical practitioners (Registered Psychologists, Owners of Multidisciplinary Physical Therapy Clinic) we met with in person or by Webex a few weeks ago. These practitioners are key to building up all MVA cases for recovery of our clients!
<Missions for MVA client in Minor Injury Guideline> It is a “Good Friday” holiday tomorrow, but our Legal Services chose to accommodate one of our new MVA clients and will consult him tomorrow. Missions: Taking his injuries out of Minor Injury Guideline, reviewing insurer doctor’s reports, arranging psych, chronic pain assessments.
Always be proactive in dealing with your client’s employer or his legal counsel if your client’s claim for constructive dismissal is well founded. Always make sure your client is paid fairly – including vacation pay, prorated bonus, severance pay under the common law.
<Galdamez v. Allstate Insurance Company of Canada, 2012 ONCA 508> –>The applicant’s return to work still renders him eligible for NEBs. –>Motion judge dismissed the action for NEBs but plaintiff’s appeal for the same was allowed.
<Neurological Assessment> The MVA client was a cyclist. How do you justify the neurological assessment to Desjardin Insurance? –>S. 25 Neuro assessment reports and family physician’s records exhibited symptoms of neurocognitive and neurological deficits, including tingling sensations along the spine.
<Insurer in a Tort action> An automobile insurance company must deal with its own insured with utmost good faith when responding to a SABs claim for their injuries. When an insurer is defending its own at-fault driver in a tort action, however, it has no such duty to the plaintiff: they are adversaries.
Another new MVA client reported pre-existing workplace injuries. It looks promising as our Legal Services can start this file with Non-Catastrophic injuries. There shouldn’t be a dispute over whether his injuries are minor or serious.
<Webex Meeting with another multidisciplinary clinic> Our Legal Services earlier finished another productive meeting with an owner of multidisciplinary clinic to discuss all MVA cases. They were impressed with our strategies as litigators. All time and efforts invested in it was absolutely worthwhile!
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