Archive for December 2011
The Canadian Broadcasting Corporation (CBC) in Toronto recently aired an expose on the increase in denials for medical and rehabilitation treatment by Ontario’s no-fault automobile insurers and the significant delay in obtaining justice for unreasonable denials.
To read the article and watch the archived video, click here.
The Ontario Court of Appeal has reversed the decision of Kusnierz v. Economcial Insurance.
In the Kusnierz v. Economical Insurance decision, Justice Lauwers had determined that it was not permissible to assign percentage ratings in respect of psychological impairments under 2 (1.1)(g) of the Statutory Accident Benefits Schedule (SABS) and combine them with percentage ratings in respect of Kusnierz’s physical impairments under Clause 2(1.1)(f) of the SABS for the purposes of determining whether an individual was catastrophically impaired.
Justice Lawers reviewed the earlier decision of Justice Spiegel in Desbiens v. Mordini but respectfully came to a different conclusion. Justice Lauwers did not review any of the FSCO decisions on the issue.
This means that both physical and psychological impairment percentage ratings can be combined when determining a catastrophic impairment.
The Toronto Star has published an article about the need to find balance between fighting fradulent accident benefits claims and providing necessary goods and services for legitimaely injured clients.
You can read this article by clicking here.
Ontario’s Auditor General released their annual report. Included in their findings was a question regarding why auto insurers are allowed a 12 percent rate of return when the economy has been so slow. It also calls on the Financial Services Commission of Ontario to put more resources into elminating the backlog of mediations and arbitrations.
You can read the entire report by clicking here.
The Ontario Auto Insurance Anti-Fraud Task Force has released their interim report.
You may read their report by clicking here.