<Successfully out of Minor Injury Guideline as per CT Scan Reports> -One of the MVA clients’ injuries were minor not worth over $3,500.00 three months ago. -However, the updated CT Scan Reports from his family physician convinced the Wawanesa Insurance to pull his injuries OUT OF MINOR INJURY GUIDELINE based upon the following: –1. The … Read More
<Attendant Care Benefits and s.44 Insurer Examinations> -The MVA claimant can apply for an attendant care benefit by submitting an Assessment of Attendant Care Needs (Form 1).And, the Form 1 is, in general, completed by his treating Occupational Therapist.And, the Insurance Company can exercise its right under s. 44 of the SABS to have the … Read More
<Tort Threshold> -In MVA Tort action, it is critical for your MVA clients to understand whether or not there is sufficient medical evidence to have a reasonable chance of persuading a judge that he/she had sustained an injury that met the requirements of s. 267.5(5) of the Insurance Act. -267.5 of the Insurance Act relates … Read More
<Motor Vehicle Accident with the “unidentified automobile”> The Plaintiff’s claim is that he was hit by a car while he was crossing the street. He did not ask the driver for his name or for any other information. The Economical Insurance paid his statutory accident benefits, without challenging his entitlement to them. However, the same … Read More
<IRB to continue to be paid> When one of our MVA clients is out of the country, our Legal Services tries everything we can to accommodate his personal situations and ensure he continue his physical, psych treatments in the foreign country under s.57 of the SABS to ensure his income benefit payment continue. And, we … Read More
<Punitive Damages> The Plaintiff can also seek punitive damages in addition to pecuniary damages and non-pecuniary damages, if defendant’s impaired driving caused significant injuries in the MVA.What can be added in Plaintiff’s statement of claim: (a) The Defendant, Stephen Stuart drank excessively; (b) he was driving at an excessive speed while intoxicated; and (c) he … Read More
<Tort action in the workplace injuries> -An MVA insured person can elect to bring an action and claim benefits under s. 30 of the Workplace Safety and Insurance Act, 1997. -He can issue a Statement of Claim for tort action in a workplace injury against a Tortfeasor if he has a viable claim in meeting … Read More
<Webex Meeting with another multidisciplinary clinic> Our Legal Services just finished another Webex Meeting with another multidisciplinary clinic manager. Our goal is to coordinate s.18 physical therapies and s.25 assessments to take MVA clients’ injuries outside of MIG and have their psych, chronic impairments exposed to insurer.
<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.
PO Box 15306 Queensway High PO, Toronto ON M8Y 0B4
Phone: 416-996-9953
Fax: 416-391-6062
Email: ariel@legalservices.one
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