Important Decisions on Catastrophic Impairment Determination
Impairment ratings under criteria (f) and (g) can be combined (Desbiens, ONSC 2004) Non-statutory instruments that have been incorporated into a regulation by reference are considered part of the regulation (Desbiens, ONSC 2004) Material Contribution test confirmed...
The Medico-Legal Society of Toronto is delighted to announce the recipient of the 2022 MLST Award is Dr. Harold Becker!
The Medico-Legal Society of Toronto Award recognizes members of the medical, legal or scientific community who have made a significant contribution to their profession as well as to either the Society or the community at large. This year the MLST Award is presented to...
The Interaction of Medicine and Law
As a physician with considerable scientific training in observation, respect for data, appreciation of margin of error, etc, I have always had difficulty with the precision of Medicine in determination of disability. Concepts of medical and rehabilitation needs and...
Security National Insurance Co. v. Allen, 2017 ONSC 6779
“[36] The decision of Delegate Blackman attracts a high degree of deference. The decision was made in the context of a specialized regime and one in which the Delegate has expertise. [37] On all three issues before us, the Delegate Blackman’s decision was reasonable...
Precision and Accuracy under AMA Guides 4th edition
The Statutory Accident Benefits Schedule requires an individual to suffer 55% whole person impairment under The AMA Guides 4th edition in order to meet the catastrophic impairment threshold. The Guides allows rounding to the nearest 5% such that the de facto...
Licence Appeal Tribunal – [Applicant] and State Farm, Tribunal File Number: 16-002503/AABS
[43] I find Omega’s catastrophic assessment conducted on behalf of the applicant more compelling than the respondent’s because they take into account pre-accident medical records, the mother’s reported changes in her son, and generally provide a good analysis of GOS...