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...

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The Interaction of Medicine and Law

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...

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Security National Insurance Co. v. Allen, 2017 ONSC 6779

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...

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The Interaction of Medicine and Law

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...

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