Monthly Archives: October 2010
Income Replacement Benefits and the Minor Injury Guideline > Accident Benefit Changes in Ontario – Part 7
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, income replacement benefits, insurance law, medical and rehabilitation benefits, minor injury guideline, motor vehicle accident, personal injury on
The new SABS (Statutory Accident Benefits Schedule) in Ontario, introduced in September, 2010, is found here.
The Minor Injury Guideline is found on the FSCO (Financial Services Commission of Ontario) website here.
Given that the focus and purpose of the Minor Injury Guideline is to guide claimants to maximal medical recovery within the $3,500 hard cap, query whether this will affect the application of the income replacement benefits issue across the board.
Under the Minor Injury Guideline, there is approximately $1700 worth of treatment anticipated in the initial 3 blocks of treatment. … Continue Reading
Pre-Existing Conditions and the Minor Injury Guideline > Accident Benefits – Part 6
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, insurance law, medical and rehabilitation benefits, minor injury guideline, motor vehicle accident, personal injury on
One exception to the Minor Injury Guideline are pre-existing medical conditions which “will prevent the insured person from achieving maximal recovery from the minor injury if he or she is subject” to the Minor Injury Guideline (i.e. the $3,500 hard cap).
This exception is only expected rarely, as explicitly set out in Paragraph 4 of the Minor Injury Guideline:
Only in extremely limited instances where compelling evidence provided by a health practitioner satisfactorily demonstrates that a pre-existing condition will prevent a person from achieving maximal recovery from the minor injury for the reasons described above is the person’s impairment to be determined not to come within this Guideline.… Continue Reading
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