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Posts Categorized: medical and rehabilitation benefits

Pre-Existing Conditions and the Minor Injury Guideline > Accident Benefits – Part 6

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

Minor Injury Guideline > Accident Benefit Changes in Ontario – Part 5

A significant change in September, 2010 was to introduce a new concept, the “Minor Injury Guideline”, into the lexicon of car accident claims in Ontario.

The actual Minor Injury Guideline is found on the FSCO (Financial Services Commission of Ontario) website here.

The Minor Injury Guideline imposes a $3,500 hard cap on the Accident Benefits insurer’s obligation to fund all treatment and assessments for those injuries that fall within.

Simply put, if you have an injury that falls inside the Minor Injury Guideline, you will then only receive up to $3,500 in treatment in Accident Benefits.… Continue Reading

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